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(영문) 대구고등법원 2018.03.22 2017노591
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (the imprisonment of six years, the completion of sexual assault treatment programs for 120 hours, and the disclosure and notification of personal information for four years) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession of the instant crime while committing the crime; (b) the Defendant committed an attempted rape; (c) the Defendant did not cause any injury to the victim; and (d) the Defendant did not have any history of the same sex offense.

On the other hand, the crime of this case was committed by the defendant due to a problem that occurred in relation with female-friendly group, and found the studio of this case, and intrudes into the studio room through the window without a locking gas pipeline, and then discovered the victim who was in the toilet, and then in order to rape the victim, in light of the situation and method of the crime, and the relation with the victim, etc., the crime of this case was committed very poor and bad, and the crime of this case was committed in the attempted crime, but it was committed not based on the defendant's voluntary will, but due to the victim's resistance and the on-site visit of police officers dispatched after receiving a report from the defendant, and the fact that the victim did not suffer from considerable fear and mental shock and sexual humiliation by committing the crime as seen above, and that the victim did not suffer from the defendant's normal fear and sexual humiliation, but did not appear to be disadvantageous to the defendant.

The records of this case and the changes of the sentencing factors favorable or unfavorable to the above defendant, such as age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc.

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