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(영문) 대전고등법원 2013.09.04 2013노309
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (five years of imprisonment, five years of disclosure and notification order, and 80 hours of sexual assault treatment program) is too unreasonable.

2. It is true that there are favorable circumstances, such as the fact that the accused has committed a crime with all the crimes, and the accused has divided his mistake, the fact that there is no particular criminal record, there is no criminal record for the same kind of crime, and that he must rear young children, except that the accused has been punished several times.

However, there are circumstances in which it is difficult to see the defendant as a crime with heavy risk of committing the crime by threatening the victim by using excessive amount of money, putting the victim over with a cover, making him/her not recognizable. In light of the fact that the victim's mental shock is very high as the punishment of the defendant, the nature of the crime is inferior and the possibility of criticism is high.

In addition, in full view of all the sentencing conditions revealed in pleadings, such as the Defendant’s age, character and conduct, occupation, motive, means and consequence of the crime, and circumstances after the crime, even if there is no special change in circumstances in the normal relationship after the sentence of the lower judgment, even if the above favorable circumstances are sufficiently considered after the sentence of the lower judgment, the sentence of the lower court, which is lower than the recommended sentence according to the sentencing

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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