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(영문) 부산고등법원 (창원) 2017.07.19 2017노115
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

One paper bank that has been seized (the Changwon District Public Prosecutor's Office.

Reasons

The summary of the grounds for appeal is unfair because the sentence (7 years of imprisonment, 80 hours of order, etc.) imposed by the court below on the defendant is too unreasonable.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

It is unfair that the court below exempted the disclosure and notification order even though there is no special circumstance that the disclosure and notification order should not be disclosed or notified of the personal information of the accused.

Defendant

In the case of each of the instant crimes, each of the instant crimes committed by the public prosecutor with regard to the following facts: (a) the Defendant intruded into the victim D’s residence and place of business, thereby suppressing the victim D by threateninging the victim D, forcibly taking property, and attempted to rape the victim D; (b) the victim D’s personal body was taken during the instant crime; (c) the victim’s personal body was taken on 114 occasions in a public toilet, etc., and the victim’s sexual shock and criminal method was very poor; and (d) the victim D appears to have suffered sexual humiliation and pain due to the crime of attempted rape of the special robbery of this case.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, that the defendant was in the first instance, that the victim D does not want to be punished by the defendant under an agreement with the victim D, and that the defendant was the first offender who has no record of criminal punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the arguments, such as the circumstances after the crime, it is recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

. Prosecutors;

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