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(영문) 부산고등법원 2016.07.14 2016노238
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a five years of imprisonment, and an order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) The lower court exempted the Defendant from the disclosure and notification order despite the risk of recommitting a sexual crime, in light of the following: (a) details, means, and methods of the instant crime committed in violation of the disclosure and notification order; and (b) thereby, erred by misapprehending the legal doctrine

2. Determination

A. We examine the judgment on the unfair argument of sentencing, and various circumstances favorable to the defendant (the defendant recognized the crime of this case and divided his mistake) that were shown in the trial process of the court below and the court below (the defendant recognized the crime of this case).

The statement is made by the court below, the defendant agreed with L among the victims of rape victim E and special larceny in the court below. All victims of this case including the above victims want not to be punished against the defendant, the defendant paid additional amount of agreement to the victim E in the crime of rape in the court below, the crime of rape and attempted special robbery among the crimes of this case is about attempted crimes, and there is no record of punishment against the defendant for sexual assault) and various unfavorable circumstances [the crime of rape in this case committed by the defendant is attempted to commit rape in the court below's decision by carrying with the victim or threatening the victim by using knife knife and knife which are dangerous things, or by threatening the victim by using knife or threatening it as stated in the court below's decision. The crime of rape in this case is significant in light of the motive, circumstance, means, method, and result of the crime, the special robbery in this case and the special robbery in this case and the crime of larceny in this case.

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