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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2014.07.24 2014노257
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years and six months, the suspension of execution of four years, the probation period of two years, the community service order of 120 hours, the sexual assault treatment program of 40 hours) imposed by the court below is too uneasy and unreasonable.

2. The crime of this case is an indecent act against the victim who was locked together with his act by intrusion on the apartment room where the entrance of the defendant had not been corrected. The crime of this case is not good, and the victim seems to have been subjected to considerable mental impulse due to the crime of this case as a juvenile of 18 years old, and the fact that the defendant had been sentenced to a suspended sentence of three years due to rape and bodily injury even before, is disadvantageous to the defendant.

On the other hand, however, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, that the defendant clearly recognizes the fact that the victim is a minor at the time and does not seem to have committed the crime of this case, but appears to have been going toward the crime of this case somewhat contingent, that the exercise of force in indecent act is not much serious, that social relation between the defendant and his social relation is clear, and especially his family members want to take the lead of the defendant, and that they want to take the front place.

In full view of the following factors, including each person who is disadvantageous or favorable to the defendant, the Defendant’s age, character and conduct, environment, family relationship, motive leading to the instant crime, result, circumstances after the instant crime, etc., and the suspension of execution of imprisonment with labor, which added the community service order and the probation within the scope of the recommended sentence (from June to three years), the lower court’s punishment is sufficiently recognized to have been within the scope of the appropriate punishment according to its responsibility.

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