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(영문) 부산고등법원 2015.08.20 2015노308
강간상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment imposed by the lower court (two years and six months of imprisonment, four years of suspended execution, and 80 hours of taking the sexual assault treatment course) is too minor, and it is improper that the Defendant did not disclose or notify personal information, in the absence of special circumstances.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is due to the following circumstances: (a) the Defendant attempted to rape the victim of drinking on the street and attempted to commit an attempted rape; and (b) the Defendant committed an offense even though he should have tried to have the movement as a soldier of the Marine Corps from the leave at the time; and (c) the victim appears to have received a considerable sense of sexual humiliation and mental impulse due to the instant case, etc., which are disadvantageous to the Defendant.

On the other hand, however, the following are the circumstances: (a) the Defendant recognized all of the instant crimes and reflects the Defendant’s mistake in depth; (b) the Defendant appears to have committed the instant crime in a somewhat contingent manner as he did not have money to the victim and the her mother; (c) the degree of injury inflicted on the victim was relatively heavy; (d) the Defendant partially compensateed for the damage; and (e) the victim did not want to be punished by the victim by mutual consent with the victim; and (e) the Defendant was the first offender with no record of criminal punishment.

In addition, considering the fact that the court below appears to have sufficiently special preventive effects even if it imposes the treatment on the defendant in the society of suspended execution, which added the order to attend the sexual assault therapy, in addition to all the sentencing conditions indicated in the argument of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime was committed, and family relationship, the court below is in the sentencing guidelines.

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