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(영문) 부산고등법원 2016.01.28 2015노669
강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence of the lower court (the penalty of 4 years of imprisonment, 80 hours of completing sexual assault treatment programs, and 170,000 won) 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, each of the instant offenses is an unfavorable circumstance against the Defendant, such as: (a) the Defendant: (b) induced the other victim, who was aware of the death of the victim, to be detained, to commit rape; and (c) after the tenth anniversary of the said act, the Defendant got the victim to drink anthro beverage; and (d) again rapeed after having the victim drinked the narcotics, etc.; (b) in light of the relationship with the victim; (c) the nature of the relevant crime and the details of the crime; and (d) the method of the commission of the instant crime, etc.; (c) the victim suffered considerable sexual humiliation and mental shock; and (d) the victim suffered considerable sexual humiliation and mental shock; and (e) the Defendant did not receive a letter from the victim.

On the other hand, the following are the circumstances: (a) the Defendant committed a crime, both of which reflects his mistake in depth while committing the crime; (b) the victim who was a ties with the victim who was a ties, and seems to have caused each of the crimes of this case under the circumstances where the normal judgment power is somewhat lost; (c) the narcotics purchased by the Defendant do not distribute them in small amount or have been purchased for continuous use; and (d) the Defendant did not have any specific criminal history except for a disposition of suspending indictment one time due to a violation of the Copyright Act in around 2011.

As above, the Defendant’s age, career, sex, environment, family relationship, motive and background of the crime, means, method and consequence of the crime, etc. are different from the sentencing factors unfavorable or favorable to the Defendant.

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