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(영문) 부산고등법원 2016.04.14 2016노42
준유사강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.

B. It is also unreasonable that the sentence imposed by the prosecutor by the court below is too unfluent and unfair, and exempt the Defendant from disclosure and notification orders.

2. Determination

A. The crime of this case committed by the Defendant with respect to an unfair judgment on the determination of the sentencing of the Defendant and the prosecutor shall be punished with heavy penalty when considering the following: (a) the Defendant committed a similar rape by taking advantage of the difference in criminal facts as stated in the judgment of the court below, in which the victim spawned with an employee while working together at the restaurant as indicated in the judgment of the court below, and the victim lost his mind; and (b) the nature of the crime is very serious in light of the details, the means, and methods of the crime; and (c) the shock and suffering of the victim caused by the crime of this case committed by the Defendant appears to have not been much significant; and (d) such damage seems to be difficult to recover easily.

However, there is a confession that the defendant led to the crime of this case and the mistake is divided.

If the injured party does not want to be punished against the accused by mutual consent with the injured party, and the accused is relatively young, there is no criminal history against the accused, and considering the defendant's age, sexual conduct, family relationship, motive, means and consequence of the crime in this case, and other various sentencing conditions revealed in the pleading process, such as the circumstances after the crime, the sentence imposed by the court below is somewhat heavy.

The decision is judged.

Therefore, the defendant's argument is reasonable, and the prosecutor's argument on this part is without merit.

B. The lower court, based on its stated reasoning, recognized the special circumstances in which the disclosure or notification of personal information should not be disclosed or notified, of the prosecutor’s improper assertion regarding exemption from disclosure or notification order.

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