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(영문) 부산고등법원 (창원) 2015.04.15 2015노19
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The judgment of the court below is reversed.

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

The seized knife No. 1(No. 1).

Reasons

1. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.

2. The crime of this case, which is recognized by the evidence, the evidence, the rule of evidence, and the legal principles, is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as the following: (a) the defendant was in a knife knife that he was prepared in advance and intruded into the victim’s residence through windows; (b) the victim took care of the victim’s money and valuables; and (c) the victim took part in the left hand hand; and (d) the victim tried to rape by using a state in which the victim could not resist the victim; and (c) the victim appears to have received a large mental shock; and (d) the victim is recognized.

However, it is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors such as the fact that it is difficult to regard the amount taken by the Defendant as a large amount, the circumstance leading up to the injury of the victim, and the situation leading up to the injury of the victim, and the fact that the degree of the victim's injury is not much more severe, the rape crime committed by the Defendant is about attempted to stop the rape, the Defendant has no record of criminal punishment except for the crimes punishable four times by a relatively minor fine, but is not judged to the degree of mental and physical disorder, and the Defendant seems to have committed contingent and shocking crimes under the influence of alcohol. In particular, when the Defendant was in a trial, all of the facts of this case are recognized, it is seriously contradictory to recognizing each of the crimes of this case and deposit five

The statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery and Rape) (a death penalty, life imprisonment, or imprisonment with prison labor for not less than ten years: Provided, That where a person selects a limited term of imprisonment and gives legal mitigation due to attempted suspension, imprisonment with prison labor for not less than five years), statutory punishment for the crime of bodily injury resulting from robbery (a life

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