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(영문) 서울고등법원 2018.04.03 2018노113
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The information on the accused shall be disclosed for a period of three years and

Reasons

In light of the recognition of the instant crime and the circumstances agreed with the victim, etc., the Defendant’s punishment (a three years of imprisonment and a three-year notification of personal information disclosure) sentenced by the lower court is too unreasonable, in light of the following: (a) the Defendant and the requester for an order to observe the Defendant’s sentencing; and (b) the requester for an order to observe the Defendant’s penal punishment (hereinafter “Defendant”), which is unfair.

When considering the fact that the risk of re-offending is not high as the defendant does drinking and tobacco while running a tree with the assistance of the defendant, the defendant who was in violation of an order to disclose information is not ordered to disclose and notify personal information for a period of three years.

When considering the fact that the defendant's risk of recidivism in the case of a request for protective observation order is not high, the part that the court below ordered the defendant to undergo protective observation for a period of two years is also unreasonable.

Considering the degree of the exercise of the accused’s tangible force, the case itself is significant, the defendant has a high risk of recommitting a crime due to rape and intrusion, and the legislative intent of prescribing the same statutory punishment in the case of rape, similar rape and forced indecent act in combination with intrusion upon residence in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is unreasonable.

Judgment

First of all, I examine the case of the defendant and the prosecutor's unfair argument of sentencing.

On the day of the instant case, the Defendant wanted to drink with the victim who was sexually frightened to drink with the intent of rape and confirmed that there was no other family member after entering the victim's residence, and attempted rape by forcing the victim to be out of the clothes of the victim and drinking the sexual organ, etc., and the victim resisted the victim's resistance. In light of the relationship between the Defendant and the victim, the details and details of the crime, etc., the crime is very poor.

The victim has a extreme resistance and base.

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