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(영문) 부산고등법원 2014.10.01 2014노427
강간상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's punishment (one year and six months of imprisonment) against the defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.

2. The crime of this case was committed on June 25, 2002 by the Seoul High Court sentenced two years to imprisonment with prison labor on June 25, 2002, on the following grounds: (a) the Defendant attempted to rape after the Defendant threatened the victim who is the main driver; (b) she frightened her face with drinking her face; and (c) forcibly taken her cellular phone and cash 100,000 won; and (d) in light of the details and methods of the crime, the nature of the crime was very poor; (b) the Defendant attempted to rape the main driver even before the instant case; and (c) committed a crime of this case with the Defendant committed a crime of assaulting female employees, she exceeded clothes; and (d) she was sentenced to imprisonment with prison labor on February 3, 2005 and she was sentenced to three years and six years and six months in cash, and she did not make efforts to recover the same kind of damage to the Defendant again, without having reached an agreement on February 3, 2005.

Meanwhile, all of the crimes of this case committed during six years prior to the confession, and each of the crimes of this case appears to have been committed by the defendant by contingency, rape was committed in the case of rape injury, rape was committed in the case of rape injury, the degree of injury suffered by the victim was not much serious, and the money and valuables taken by the victim are not sufficient to be healthy due to liver disease, such as liver, etc., and the defendant was sentenced to imprisonment with prison labor for 6 years and 10 years in the Daejeon District Court Support for the Incheon District Court in 2010, and the defendant was sentenced to attachment of an electronic tracking device for 6 years and 10 years in the case of the defendant was sentenced to attachment of an electronic tracking device for the same kind of rape injury in the case of Daejeon District Court in 2010, and the above judgment becomes final and conclusive as is, the defendant returned to religion while returning to society for four years.

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