logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.11.12 2014노526
강간등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, from the date this judgment has become final and conclusive.

Reasons

1. The lower court dismissed the prosecution as to each of the facts charged of the instant case’s intimidation, each of the assault and rape, and convicted the remainder of the facts charged, and only the Defendant appealed as to the guilty portion.

Accordingly, since the dismissal part of the judgment of the court below is separated and confirmed by the way of appeal period, the scope of the judgment of this court is limited to the conviction part of the judgment below.

2. The main point of the grounds for appeal is that the court below's punishment (limited to two years of imprisonment, three years of suspended execution, three years of probation, 80 hours of taking courses for sexual assault treatment, confiscation) is too unreasonable.

3. The crime of this case was committed in a manner unfavorable to the defendant, such as taking photographs that cause sexual health by threatening the victim with whom the defendant attended to blick in body, and causing bodily harm to another male and the victim, which is suspected of having returned to the victim, in light of the circumstances and methods of the crime of this case, and the relationship between the defendant and the victim, etc., in light of the facts and method of the crime of this case, and the fact that the victim seems to have suffered considerable physical or mental pain due to each of the crimes of this case, etc.

However, the defendant committed the crime of this case and divided his mistake. The crime of this case occurred in the course of misunderstanding and dispute while the defendant and the victim conspired with each other; the crime of this case occurred in the course of misunderstanding and dispute; the video taken by the defendant was deleted and distributed or used; the degree of injury to the victim is relatively heavy; the defendant wants the defendant's wife by agreement with the victim; the defendant has no record of crime; the defendant has sufficient possibility of edification and improvement as university students; and other various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime of this case; and the circumstances after the crime.

arrow