logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.06.10 2014노888
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

All appeals filed by the defendant and the prosecutor on the part of the defendant's case are dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and the person subject to a request to attach an attachment order and the person subject to a request to attach an attachment order (hereinafter “Defendant”) led to the confession of each of the instant crimes and seriously contradictory to the truth; (b) the Defendant agreed with the victim G; and (c) endeavoring to agree with the victim D; and (d) the Defendant did not have any particular criminal record other than once a fine for double species is imposed, the sentence of the lower court against the Defendant is too unreasonable.

B. A prosecutor 1) Considering the motive and circumstance of each of the instant crimes, as well as the fact that in light of the motive and circumstance of each of the instant crimes, and the method of committing the instant crimes, the relevant criminal liability is grave, and that the victim D was not agreed, the sentence imposed by the lower court against the Defendant is unreasonable. 2) Considering the fact that the part of the instant case claiming attachment order is deemed to have been too unauted and thus, the risk of recidivism is very high as the Defendant committed a sexual crime twice due to a method similar to a short period, and the nature of each of the instant sexual crimes is very heavy, it is unreasonable to deem

2. Determination

A. The part of the defendant's case is the circumstances favorable to the defendant, such as the confession and reflect of each of the crimes in this case, the victim's consent did not want the punishment of the defendant but deposited considerable amount with the victim D, and the defendant has no special criminal record in addition to one fine due to drunk driving.

On the other hand, the crime of rape injury by each of the crimes of this case was committed by rape and injury to the victims by using the net values prepared in advance, as the defendant might have purchased sex twice at the intervals of one month. In light of the motive and background of the crime, the method and implements of the crime, and the interval between time and time, etc. of each of the crimes, and the crime of special robbery of this case took the cell phone of the above victim for the purpose of preventing the report of victim D.

arrow