(영문) 광주고등법원 (전주) 2015.02.03 2014노298

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자간(%)

(영문) 광주고등법원 (전주) 2015.02.03 2014노298

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable that the sentence of the lower court (limited to the Defendant and the respondent for an attachment order (limited to four years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case is too minor, and it is unreasonable for the lower court to exempt the Defendant from disclosure notification order. 2) The lower judgment dismissing the Defendant’s request for attachment order even if the Defendant’s request for attachment order is recognized as a risk of recidivism of sexual crimes.

2. Determination:

A. As to the part of the defendant's case, we examine both the defendant and prosecutor's allegation of unfair sentencing on the part of the first sentence.

The Defendant, while under the influence of alcohol, confirmed the victim’s entry into the house without opening the door, and raped the victim by intrusioning on the house of the victim. Such crimes are not only once but also committed rape, and even after night, it is not good to commit such crimes. In light of the risk of the act and repetition, it is inevitable to severely punish the Defendant when considering the risk of the act and repetition.

On the other hand, there are also circumstances favorable to the defendant, such as the fact that the defendant has agreed with the victims in the first instance, and the victims have sought a preference against the defendant, that part of the crime is committed, that the defendant has committed an attempted crime, that the defendant has a strong variety of errors, that there is no history of criminal punishment against the defendant, and that the defendant seems to have been living in good faith.

In addition, the defendant's age, character and conduct, family environment, relationship with the victim, motive, means and result of the crime, and the circumstances after the crime are examined by the court below's decision.

유사 판례

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