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(영문) 광주고등법원 2015.01.15 2014노447
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal and the person against whom the attachment order is requested (hereinafter “defendants”) asserts that the lower court’s punishment (five years of imprisonment) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. The facts that the defendant in the part of the defendant's case appears to have committed each of the above crimes in a somewhat contingent and contingent manner while returning home after the confession and reflecting of each of the crimes in this case, and having come home with friendship and alcohol, are favorable to the defendant.

However, even though the Defendant had already been sentenced to punishment several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and had completed the execution of the final sentence again before and after the lapse of two months, the victim E photographs outside of the form of the victim, and instead, the victim E took a view of the net value, which is a dangerous object, rather than the victim’s escape, and invaded on the house of the female, thereby forcing the victim E to commit an indecent act and threatening the victim D who returned home to the victim E, and thereby threatening the victim E to put him a view of committing a crime is also dangerous and bad.

Furthermore, on June 28, 2012, the Defendant was sentenced to the dismissal of prosecution due to an indecent act committed on two occasions on the part of the victims returning home in the apartment near the place of the instant crime, but there was a high possibility of criticism in that the Defendant committed the instant sex crime.

Victims E are receiving counseling treatment once a week, and victims have suffered significant mental damage, such as appeal of fear and apprehensions, etc. to investigative agencies.

Nevertheless, the defendant did not receive a letter from the victim's side so that he can be faced with the trial, which is disadvantageous to the defendant.

The above reasons for sentencing, various circumstances revealed in the arguments of this case, including the defendant's age, character and conduct, family relationship, environment, etc., and the recommendation of the Supreme Court Sentencing Committee (three to twenty-five years of imprisonment).

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