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(영문) 광주고등법원 (제주) 2015.04.01 2014노132
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the victim agreed with the victim to make a judgment, that the victim was able to make a mistake by the defendant, and that the defendant did not have any record of punishment for sexual crimes.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case was committed by intrusion upon the victim's residence while carrying dangerous objects, and that the crime of this case was very serious, and that the victim could have suffered a huge physical and mental pain.

In addition, in full view of the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and background of the offense, method and consequence of the offense, etc., it is not determined that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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