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(영문) 부산고등법원 2015.01.29 2014노805
상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the punishment sentenced by the court below (two years of imprisonment, four years of suspended execution, and 80 hours of attendance order for sexual assault treatment), the defendant asserts that it is too unreasonable that the defendant is too unreasonable, and that the prosecutor not only is too uneasy, but also exempted from the disclosure notification order.

2. The crime of this case on the assertion of unfair sentencing by both parties is a situation unfavorable to the defendant, where the defendant committed an injury to the victim who was dead as a female-friendly tool, rapes the victim, and forcibly took advantage of the victim’s property. In light of the content, method, and circumstance of the crime, and degree of damage, the crime was more serious, and the victim appears to have received a considerable sense of sexual humiliation and mental impulse due to the instant case, etc.

On the other hand, however, the fact that the defendant confessions all of the crimes of this case and reflects the truth in the truth, the victim does not want the punishment against the defendant as a woman-friendly Gu that had previously been dead before, and the defendant has no record of criminal punishment except for the defendant who has been sentenced to a fine of one million won due to the crime of bodily injury in 2007.

As above, in addition to the circumstances unfavorable to the defendant or favorable to the defendant, all of the sentencing conditions, such as the relationship between the defendant and the victim, the age, family relation, character and conduct, environment, motive and background of the crime, the means and method of the crime, the circumstances after the crime, etc., and the recommended range of the sentencing guidelines (one year and six months from four months from imprisonment to April), are considered to have sufficient special preventive effects even if the treatment is imposed within the society, such as suspension of execution of imprisonment with prison labor, which added the order to attend the sexual assault therapy, is considered to be within the scope of the appropriate punishment according to its responsibility, and it is unfair that the sentence imposed by the court below falls within the scope of the appropriate punishment according to its responsibility.

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