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(영문) 부산고등법원 2016.01.21 2015노707
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the lower court’s punishment (four years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, it is unreasonable to exempt the lower court from the disclosure and notification order, as well as too unfluent sentence.

2. Examining the various sentencing conditions in the instant case, the crime of this case was committed by the Defendant while drinking together with the new wall with the victim, and was committed by committing rape after being pushed ahead with the victim’s house, despite being rejected by the victim despite his refusal to do so. In light of the nature and details of the crime, the method of the crime, etc., and the fact that the victim appears to have suffered a very large sexual humiliation and mental shock due to the crime of this case, are disadvantageous to the Defendant.

On the other hand, it is recognized that the court below's sentence of imprisonment for four years is too unreasonable in light of the following factors: (a) the defendant committed a crime in the past when he committed a crime in the first instance; (b) the defendant seems to have committed a crime in this case in a somewhat contingent and contingent manner; (c) the defendant had a record of being subject to juvenile protective disposition for the same kind of crime in around 2000; (d) there has been no record of being subject to punishment more severe than that of suspension of execution; (e) the victim does not want the punishment; and (e) the victim does not want the punishment; and (e) other various sentencing conditions as shown in the argument in this case, including the defendant's age, sex and environment, family relationship, motive, means and method of the crime; and (e) the circumstances after the crime.

In addition, the prosecutor asserts that the court below's exemption from disclosure order and notification order to the defendant is unfair, but the above defendant is the same.

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