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(영문) 광주고등법원 (전주) 2014.12.16 2014노187
강간등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) - the lower court’s sentence of unreasonable sentencing (limited to four years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is too unhued and unreasonable.

B) Although there are no special circumstances to prevent disclosure or notification of the Defendant’s personal information, it is inappropriate for the lower court to impose an order to disclose or notify the Defendant’s personal information, it is unreasonable for the lower court to impose an order to disclose or notify the Defendant’s personal information. 2) Even if the Defendant committed a sexual crime on at least two occasions, and the Defendant’s attempt to commit a sexual crime is recognized and the risk of repeating a sexual crime, the lower court’

2. Determination on the part of the defendant's case

A. We also examine the defendant and prosecutor's assertion of unfair sentencing on each of the grounds of unfair sentencing.

Each of the crimes of this case is a case of assaulting a victim at the time of the victim's bucking on the ground that the defendant had been in an internal relationship with the victim two times, has been raped by the victim's body that may cause a sense of shame, has taken the victim's body against his/her will, and that the victim's demand to pay the cost of electronic equipment purchased with the credit card in the name of his/her father was made, and in light of the victim's motive, circumstance, contents, and method of the crime, etc., the crime is not very good, and the crime is deemed to have been committed, and the victim seems to have suffered physical pain and mental shock due to the crime of this case. Nevertheless, in light of the circumstances such as the fact that the victim did not make a serious effort to recover from damage to the victim, or to receive a letter from the victim, it is inevitable to punish the defendant significantly equivalent to his/her responsibility.

However, on the other hand, the defendant's each of the instant cases.

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