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(영문) 대구고등법원 2018.06.27 2018노74
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

(b) the defendant;

Reasons

1. The lower court dismissed the prosecutor’s claim regarding the part of the case for which protection observation order was sought while pronounced guilty of the part of the Defendant’s case, and only the Defendant appealed.

Therefore, the part of the judgment below regarding the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., since there is no benefit of appeal. The scope of the judgment of this court is limited to the part of the

2. The decision of the court below on the gist of the reasons for appeal (five-year imprisonment) is too unreasonable.

3. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape) against Victims C, Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.), confinement, and intimidation are very poor in light of the relationship with the Defendant and the victim, the content of the crime, the method of the crime, etc.

A victim C appears to have suffered a considerable mental impulse and sexual humiliation due to the above crimes, and the defendant was not able to receive any boom from the victim C.

In addition to the above crimes, the defendant committed several offenses against unspecified persons through the Internet, and the victims of the above fraud have not been recovered.

The Defendant committed the instant crime during the period of probation.

On the other hand, the defendant recognized the crime of this case and is in profoundly against the defendant, and has no record of sex offense.

In the past, the defendant has received a reward for a reporter of a crime in cooperation with the investigation by informing a criminal investigation agency of the crimes.

In this case, the Defendant appears to have cooperated with the police in the process of arresting the Defendant.

In addition, the defendant's age, sex, environment, family relationship, and motive for committing the crime.

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