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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2016.10.12 2016노297
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal clearly withdrawn the claim of mental disability on the date of the first instance trial.

The punishment (six years of imprisonment, 80 hours of order) sentenced by the court below against the defendant is too unreasonable.

2. The judgment of the court below committed each of the crimes of this case against the victim D, who had invaded upon the victim D's residence at night, and attempted to commit rape. Also, the crime of this case was committed against the victim F by infringing upon the victim F's residence and attempted to steals property, and the nature of the crime and method of the crime was very poor. The crime of rape and injury in this case led to the victim D's severe physical and mental shock and sexual humiliation. The defendant was unable to use it from the victims and did not take any measures for recovery of damage. The defendant was sentenced not only once to a suspended sentence of imprisonment with prison labor due to violent crimes, theft crimes, etc., more than twice, but also committed each of the crimes of this case without being aware of the fact that the defendant was sentenced to five months imprisonment with prison labor from the Chang District Court on July 23, 2015, and completed the repeated crime on August 7, 2015 and did not take any particular measures for recovery of damage.

On the other hand, all of the crimes of this case are recognized by the defendant, and they are against the defendant, the defendant committed the crime of rape injury of this case in a state of mental disorder caused by drinking, the crime of larceny against victim F is committed against the attempted crime, and the defendant has no record of punishment for sexual crimes, etc. are favorable to the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형위원회 제정 양형기준의 권고형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 18년 9월 ◈ 양형기준의 적용...

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