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(영문) 대전고등법원 2019.07.05 2019노158
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (four years of imprisonment).

2. The judgment of the defendant is very high in that he/she committed sexual intercourse or attempted sexual intercourse with another person with knowledge that it is difficult for the defendant to protect the victim who has a disability living in adjoining areas, with the knowledge that the victim is vulnerable to sexual crimes because of his/her ability to recognize himself/herself or his/her current situation, and that such crime has been committed.

The defendant had sexual intercourse with the victim, who had invaded into the victim's apartment bend during the night.

The victim, due to the intrusion of an string vessel during the night, frighten fear of extreme morality, and suffered a considerable sexual humiliation and abundance, etc.

The victim had to be a director in the apartment that live due to the instant case.

On the other hand, the defendant shows his attitude to repent and repent his wrong.

Family members of the defendant are faced with difficult living due to the detention of the defendant.

The Defendant appears to have been engaged in volunteer activities and have been extremely living until before the instant crime was committed, due to these reasons, and the surrounding people have complained against the Defendant’s wife.

The defendant agreed with the victim, and the victim is the defendant's wife.

Considering the above circumstances and the defendant's age, character and conduct, environment, family relations, criminal records, criminal records, circumstances after the crime, etc., the court below set the defendant's punishment against the defendant beyond the lower limit of the recommended sentencing range of the Supreme Court sentencing committee (the recommended sentencing range shall be five to eight years in prison in consideration of the victim who is vulnerable to the crime as mitigation element for the crime of quasi-rape in prison committed by the defendant, and the victim who is vulnerable to the crime as a special cultivation factor). Such a sentence of the court below seems to be too heavy to the defendant by deviating from the reasonable discretion range.

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