(영문) 대구고등법원 2013.04.24 2013노35 | 리걸엔진

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(영문) 대구고등법원 2013.04.24 2013노35

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

For 10 years, the registered information on the defendant.

Reasons

1. The defendant asserts that the main point of the grounds for appeal is too unreasonable for the court below's imprisonment (12 years of imprisonment). On the other hand, the prosecutor asserts that the prosecutor is too uneased and unreasonable.

2. The instant crime was committed by phone calls to deliver coffees, and the victims’ multiple employees took money and valuables by force by threatening victims at the time, and committed some indecent acts by force, which was planned to commit the instant crime, and the several laws, such as threatening victims with lethal weapons, and binding victims with strings or tapes, etc. were highly likely to have social risks and criticism, such as where the same crime was committed repeatedly over eight occasions.

On the other hand, the fact that the defendant is both aware of and against the crime, the crime of this case was committed between May 2004 and December 2009, and the defendant was committed from around May 2004 to around December 2009, without any other crime, and there was no particular criminal record. Although the defendant did not agree, it deposited the victims a total of 8 million won. While the crime of this case was committed eight times in total, the total amount of property damage was 3.2 million won, and the degree of injury was only one time, and the degree of injury was not more severe, the indecent act of this case was committed two times, but did not go back to the result of the crime, and it was determined that there was no intention to commit the crime of this case or that there was no other reason to commit the crime of this case, and that there was no intention to commit the crime of this case or there was no other reason to commit the crime of this case, as a whole, the circumstances and circumstances of the crime of this case, how and how the defendant committed the crime of this case.

Therefore, the defendant's assertion of unfair sentencing is justified.

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