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(영문) 부산고등법원 (창원) 2015.04.08 2015노55
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment) is too unreasonable.

2. The crime of this case, which is recognized by the evidence, the evidence, the rule of evidence, and the legal principles, is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as the following: (a) the defendant intrudes the victim's residence under the influence of alcohol by following the victim; and (b) forcibly rapes the victim; (c) the victim is bad in the nature of the crime; (d) the victim seems to have suffered a large mental impulse; and (e) the defendant has a number of years of imprisonment with prison labor for robbery on May 18, 2001; and (e) the defendant was charged with quasi-rape and quasi-rape; and (e) around 2010, the victim's complaint was revoked; and (e) the part of the quasi-rape and the part of the quasi-act by compulsion was subject to a disposition that has no authority to prosecute.

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also acknowledged, such as the fact that the amount taken by the defendant was not so big, that the defendant deposited KRW 800,000 in the original trial, that the defendant agreed with the victim since he deposited in the original trial, that the defendant recognized each of the crimes in this case and that the defendant seriously reflects

In full view of the aforementioned factors of sentencing and the scope of recommended sentences on the sentencing guidelines, and the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a prison term, imprisonment for a limited term of not less than five years) and applicable sentences, sentencing cases of similar cases, age, character and conduct, intelligence and environment of the defendant, motive and circumstance leading to each of the crimes in this case, the means and consequence of the crimes in this case, and the circumstances after the crimes, etc., the sentence sentenced by the court below is too unreasonable.

Therefore, the defendant's assertion is justified.

[Main basis for bilateral judgment] - Many crimes - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Housing Rape, etc.): Sexual Crimes, general standards, and general standards.

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