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(영문) 부산고등법원 (창원) 2020.04.22 2019노288
강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant was committed several times against the victim B, who had been a dead victim, by committing an injury, special intimidation, assault, damage to property, intimidation, and confinement, and possessing marijuana separately, and the liability for the relevant crime is very heavy. The Defendant was punished by a fine of KRW 1 million due to a violation of the Punishment of Violence, etc. Act (joint injury) on April 21, 2006, and was punished by a fine of KRW 1 million on February 10, 2012 and was punished by a two-year suspended sentence for six months due to the obstruction of performance of official duties, etc., which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant denied some of the crimes until the second trial date of the court below and the second trial date of the court below, and recognized all of the crimes of this case and misjudgmented each of the crimes of this case on the third trial date of the court below, and the victim B expressed his intention not to have the punishment against the defendant for the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) and did not reach the use of marijuana is favorable to the defendant.

The above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of each of the crimes of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the imprisonment between June and September 10): The scope of the applicable sentence under the law: Imprisonment of two years and six months to June 22.

2. Scope of recommended sentences according to the sentencing criteria;

(a) A violation of any provision of subparagraph 1 (a) (a decision on a type) shall be made;

(a) Injury or injury to a person who is older than 13 years of age [Type 2] general rape [Special Rape]: The mitigated range of punishment (the recommended range and recommended range of punishment], the mitigated range of punishment (the recommended range and recommended range of punishment), two years to five years of imprisonment.

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