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(영문) 대구고등법원 2015.08.13 2015노222
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (12 years of imprisonment) by the lower court is too unfilled and unreasonable.

2. The Defendant returned to the Republic of Korea for about two weeks, and received money and valuables by threatening or assaulting a female employee at a convenience store where he/she works as a married at a new wall time on five occasions. During that process, he/she tried to rape or injured certain victims, and took money and valuables by threatening a female employee who has provided a coffee delivery to a knife, and took money and valuables by threatening a female employee who has provided a coffee delivery to a knife, and took money and valuables through a larceny-related card.

In light of the contents and the method of crime, not only the nature of the crime is very weak, but also the frequency of the crime and the degree of damage are rare.

In particular, the defendant planned and implemented the crime closely by preparing in advance the criminal tools, such as knife and her mother, and displaying the place of the crime.

Although the victims of this case were suffering from significant shock and pain due to the above crime committed by the defendant, the damage was not recovered properly except that the damage was temporarily returned to some victims.

Therefore, it is necessary to punish the defendant with severe punishment corresponding to his criminal liability.

On the other hand, the defendant, when he was a elementary school student, has been divorced by his parents, and has grow up in an influent environment such as sending juvenile children to the nursery

There is no record of committing violent crimes or sex crimes, and there is no criminal punishment except for punishment of one fine due to unauthorized driving from the time he/she was sentenced to larceny in around 2007 and released from prison to the time of the instant crime.

The instant crime of rape was committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.).

The defendant has committed the crime of this case with the mind of his own, who was missing from the awareness of damage and the principle of success.

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