(영문) 부산고등법원 2018.01.25 2017노680 | 리걸엔진

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(영문) 부산고등법원 2018.01.25 2017노680

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등

Text

The judgment below

The guilty part shall be reversed.

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

excessive seizure.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of three years and six months) is too unreasonable.

2. The judgment of the court below and the court of the first instance [each of the crimes of this case committed by the defendant] various circumstances unfavorable to the defendant, which were shown in the proceedings of the oral argument of the court below, committed the crime of larceny and forced indecent act by intrusion upon another person's residence, etc. on two occasions on the part of the facts constituting the crime in the judgment of the court below, and committed the crime of threatening employees to purchase, administer, and possess phiphones, and in addition, committed the crime of threatening employees who are dangerous objects in the state of administration of phiphones, and the crime, in light of the details, means, methods, and results of the crime, and the frequency of the crime, and the nature of the crime is very serious, in light of the victim K of the special crime of intimidation as stated in the judgment of the court below and the number of times of the crime, there is no need or sufficient measures to recover from the victim M of the crime of larceny, building intrusion, and property damage, and the defendant has been punished as a crime of violation of the Narcotics Control Act before the crime of this case, and repeatedly committed several violation of the Act (M of this case).

In full consideration of all the sentencing conditions in the proceedings of the court below and the trial of the court below, including the following: (a) the statement was made; (b) the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act) and the judgment of the court below after the closure of the oral argument of the court below; and (c) the victim was agreed with the victim D of the crime of larceny by intrusion upon residence at night; and (d) the victim did not want to be punished by the defendant; and (e) the defendant did not have

참조조문

-마약류 관리에 관한 법률

-성폭력범죄의 처벌 등에 관한 특례법

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