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(영문) 부산고등법원 (창원) 2017.09.13 2017노196
준유사강간치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the imprisonment of three years, five years of probation, 40 hours of lecture attendance order, and 200 hours of community service order) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant is too unfasible and unfair.

2) The lower court’s exemption from disclosure or notification order is unreasonable, in the absence of special circumstances that could not disclose or notify the personal information of the criminal defendant who was unreasonably exempted from disclosure or notification order.

2. Determination

A. The crime of this case was committed with respect to each of the following facts: (a) the Defendant, who was an employee of the Defendant and the Prosecutor, made it impossible for the Defendant to resist the victim, who was an employee of the Defendant, to resist the water surface guidance; (b) committed similar rape; and (c) thereby, the victim was injured by the victim; (c) the nature and method of the crime was very poor; (d) the victim was suffering from a great mental pain and sense of sexual humiliation due to the crime of this case; (d) the Defendant did not agree with the victim; and (e) the victim was humping to the Defendant’s severe punishment.

Meanwhile, the circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, the degree of injury suffered by the victim is relatively not much severe, the defendant deposited 70 million won to the court below for the victim, and additionally deposited 20 million won in the court below, and the fact that the defendant was the first offender who has no record of criminal punishment.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 15년 ◈ 양형기준의 적용 [ 유형의 결정] 성범죄 > 상해의 결과가...

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