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(영문) 대구고등법원 2020.05.13 2019노588
성폭력범죄의처벌등에관한특례법위반(절도준강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is determined by the following facts: (a) the Defendant invadeds on the residence of the victim B (a 20 years of age, her life, her life, her life, her life, her life, her life, her age, her to quasi-rape; (b) the victim’s her course and her arms are attempted to steals; and (c) the victim’s her course and her arms were attempted to steals; and (d) the victim’s her course of night-time intrudes into the marina business operated by the victim G (the her age, her age 21) and thus,

The crime of this case appears to have suffered a considerable sexual humiliation and mental suffering, and all victims seem to have caused serious threat to the peace and safety of their residence or place of business.

In particular, while the defendant being investigated into the night building of this case by robbery, he committed the crime of intrusion upon residence of this case, quasi-rape and attempted larceny of this case, and the responsibility for such crime is considerably heavy.

However, the defendant agreed with the victims, and the victims expressed their intention not to want the punishment of the defendant, and in particular, the victim B expressed his intention not to want the punishment of the second defendant again in this court.

Although the Defendant denied some of the crimes during the investigation process, it seems that he/she immediately led to a confession, and that he/she seriously reflects his/her mistake.

The defendant's wife also efforts to ensure that the defendant can live as sound members of society, and the defendant's wife is desired.

There is no record of criminal punishment exceeding a fine on the defendant.

In addition to these circumstances, there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court exceeds the reasonable scope of discretion, along with all the conditions of sentencing indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime.

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