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(영문) 부산고등법원 2014.10.01 2014노231
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is deemed to be in an unreasonable manner on the grounds that the lower court’s imprisonment (five years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.

B. It is unreasonable that the court below did not impose an order to disclose or disclose personal information on the defendant, even though there are no special circumstances to prevent the defendant from disclosing or notifying the disclosure or notification of personal information.

2. Determination

A. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance against the Defendant, in light of the background, method, period, frequency, and degree of damage, etc. of the crime, since the Defendant used violence against the victims, or invaded upon a residence by a female returning alone at night or at a new wall time more than nine months, thereby taking advantage of or thefting the victims’ property. In the process, some victims suffered bodily injury, and some victims suffered bodily injury. As such, the Defendant’s severe punishment is required in light of the background, method, and frequency of the crime, and degree of damage, etc.

However, all of the crimes of this case committed by the defendant who committed the crime of this case, is divided in depth into his own mistake, the defendant seems to have committed each of the crimes of this case in which his father's domestic violence was committed while his father's domestic violence was separated, and the degree of indecent act against the victims of the crime of indecent act by compulsion is not much severe, and the degree of injury of the victims of robbery is not much severe, and the theft and forcibly damaged goods were recovered considerably, the defendant wanted for the victim's wife by agreement with the victims in the court below and the court below, there was no history of criminal punishment outside the juvenile protective disposition, and the mother of the defendant wanted to take the lead of the defendant.

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