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(영문) 서울고등법원 2014.02.06 2013노3937
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the methods and contents of the instant crime, the sentence of the lower court (three years of imprisonment and five years of suspended execution) is deemed unreasonable.

2. The crime of this case is deemed to have sexual intercourse over three occasions by threatening a victim using a kitchen, a kitchen, a portable gas room, and the nature of the crime is not less than that of the defendant, and it seems that mental impulses occurred at the time of the crime of this case. However, the defendant did not have any history of punishment for the same kind of crime, the victim did not want punishment from the investigation stage, the defendant recognized and reflects all of his criminal acts, and there is room to deem that the defendant demanded money in return for sexual intercourse with the victim even though he had sexual intercourse under the agreement with the victim to have reached the crime of this case by demanding money in return for sexual intercourse, it is unfair for the court below to have considered the defendant's age, character, character, environment, family relationship, motive of the crime, means and consequence of the crime, and the recommendation of sentencing guidelines set forth in the sentencing guidelines set forth in the Criminal Procedure Committee.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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