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(영문) 부산고등법원 2019.05.22 2019노113
특수강도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case by determining that the defendant committed the crime of this case is not very good for the defendant to receive the above consideration by threatening and threatening the victim with a deadly weapon after having a sexual intercourse with the female victim (one million won) and having sexual intercourse at the conference.

The defendant's crime seems to have suffered a big mental impulse.

Nevertheless, since the investigation stage, the crime was denied from the court below to the court below.

In the past, the defendant has been subject to juvenile protective disposition due to a special robbery, a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, etc.).

Even before the instant case, the Defendant had sexual intercourses with the women engaged in sexual traffic, and had been forcibly taking advantage of the vulnerability of the women engaged in sexual traffic, such as threatening them to capture sexually related videos, etc. taken after the Defendant had sexual intercourses with the women engaged in sexual traffic, and taking money and valuables, etc. by force. The instant crime appears to have been committed in the extension line of such crimes.

On July 21, 2016, he/she was sentenced to six months of imprisonment with prison labor for larceny, and committed the instant crime on November 8, 2016 when he/she completed the enforcement and again committed the instant crime during the repeated crime period.

However, when the defendant was found to have committed a crime, the defendant is able to reflect his mistake in depth.

Of the amount of demotion, 100,000 won was returned to the victim at the scene of crime.

In the trial of the party, 3 million won shall be paid to the victim, and the victim does not want to punish the defendant.

The victim's establishment of an inappropriate sexual relationship with the defendant through the passage of terms and conditions is the level to which the crime of this case was committed, and the victim's identity should also be changed.

Family members such as the defendant's birth do not repeat again through the defendant's ties.

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