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(영문) 부산고등법원 2013.04.25 2013노127
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the request of H, caused the Z to sell the penphones without any consideration, and only delivered the penphones and money between the Z and H, and there was no fact that H sold the penphones, such as the 2nd A through (c) at the time of original adjudication.

B. The lower court’s sentencing (five years of imprisonment, information disclosure and notification 10 years, 200 hours of completing sexual assault treatment programs, and 2,11,200 won of surcharge) is too unreasonable.

2. Determination

A. On the circumstances acknowledged by the evidence duly adopted and examined at the court below's determination on the assertion of mistake of facts, and if the defendant asked H to seek a philopon, the amount and the price of the philopon was determined between H and H, and then the defendant received the price from H and delivered the philopon to H, even though he did not have any profit by making the Defendant paid the Z the price he received from H and sought the philopon and deliver it to H, the judgment of the court below that recognized the facts charged of this case is just.

Therefore, the defendant's assertion of mistake is without merit.

B. Examining the various sentencing conditions in the instant case regarding the assertion of unfair sentencing, there are conditions favorable to the Defendant, such as: (a) the Defendant made a confession on behalf of the instant crime and reflects the mistake; (b) each of the instant sex offenses is deemed to have been committed under a state of mental or physical disability; (c) the fact that the Defendant agreed with some victims; and (d) the family environment in which the two children and the mother

However, the defendant was past.

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