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(영문) 부산고등법원 2014.04.30 2014노76
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

. against the Defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

2. Determination:

A. The Defendant’s crime committed in the part of the instant case was committed by force by force, such as intrusion upon the victim’s house, which is 84 years old and has difficulty living due to physical disability, etc., and that the nature of the crime is very poor in light of the background and method of the crime, the victim’s age and health conditions, etc., and the Defendant committed the instant crime against a female under the age of 9 and a female with the second degree disability of the mentally and physically handicapped, on two occasions prior to the instant case, even though he had the record of committing indecent acts by force against the female under the age of 9 and a female under the second grade disability of the mentally and physically handicapped, and the victim appears to have suffered considerable sexual humiliation and mental shock due to the Defendant’s act. Since the instant crime, it appears that the health of the victim has been aggravated due to the stroke and the stroke

On the other hand, the fact that the defendant led to the confession of the crime and commits the crime of this case, seems to have committed the crime of this case in a somewhat contingent manner after drinking alcohol, the degree of exercising the tangible force against the victim is relatively less severe, while the defendant has been punished twice as a suspended sentence due to the same sex crime, but there are no records of having been punished as imprisonment with prison labor, etc. are favorable to the defendant.

Various of these circumstances, Defendant’s age, family relation, character and conduct, environment, motive and background of the crime, and circumstances after the crime in this case, etc., as shown in the arguments of the Supreme Court, the sentencing guidelines of the Sentencing Commission [decision of type], general standards, crime of indecent act by force (subject to 13 years of age or older), type 2 (indecent act by force, such as intrusion upon residence), cases where the exercise of tangible force is considerably weak (requirements for mitigation), and victims (subject elements) who are vulnerable to the crime [the scope of recommending sentence] are punished from 2 years and 6 months of imprisonment.

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