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(영문) 부산고등법원 2014.12.18 2014노592
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (five years of imprisonment and two million won of fine, 80 hours of completing sexual assault treatment programs, information disclosure and notification five years of information disclosure and notification) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the following circumstances are favorable to the Defendant: (a) the fact relevance itself of each of the instant crimes is replaced by the Defendant’s mistake and reflects the Defendant’s depth; (b) the Defendant did not have any history of punishment for a sex offense of the same kind; (c) the degree of indecent act was not much heavy; (d) the victim D was unable to wear wall and cellular phones; (e) the Defendant’s return to the victim; (c) the amount of damage caused by theft, fraud, property damage was not significant; (d) the amount of damage caused by the crime of larceny, fraud, and property damage was not significant; and (e) the young age of 28 is likely to edification and improve.

However, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.) is likely to be criticized in that the defendant intrudes the victim's house at night to force the victim's strokely into the victim's house, forcibly takes off his clothes and clothes after suppressing the victim's resistance, talked with the victim's chest and drinking part, which is very poor in the nature of the crime and the criminal situation, and in particular, it is highly highly highly highly likely that the victim will come to a more serious crime due to the characteristics of the crime of intrusion upon residence, such as taking advantage of the victim's timber, taking advantage of the high potential for criticism, taking advantage of the fact that the victim's flasing intent under the above assault, resulting in sexual humiliation and mental suffering. Nevertheless, the victim does not take any measures to recover the damage, and each of the crime of this case is committed during the period of the victim's severe punishment, and in particular, each of the crime of this case during the period of the crime of this case (aggravated Punishment, etc.).

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