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(영문) 부산고등법원 2017.10.26 2017노471
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
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 (two years and six months, etc.) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) Although the court below exempted the disclosure and notification of personal information of the Defendant in light of the circumstance, details, means, methods, and consequences of the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) committed by the Defendant, the court below erred by misapprehending the legal principles on the disclosure and notification of personal information of the Defendant.

2. Determination

A. As to the unfair argument of sentencing by the defendant and the prosecutor, the circumstances favorable to the defendant, which were shown in the proceedings of the court below and the trial court [a consistent from the investigative agency to the trial of the party, the defendant made a confession of all of each of the crimes of this case, and was in depth divided.

A statement is made, rape itself is about attempted, the victim's intent that the victim does not want the punishment of the defendant is made by an agreement between the defendant and the victim D at the court below, and the defendant's family and relatives appear clearly to have social ties and circumstances unfavorable to the defendant [each of the crimes of this case committed by the defendant clearly, such as that the defendant's family and relatives want the defendant's wife before each of the crimes of this case, and that the defendant's family and relatives want the defendant's wife, etc.] and the circumstances unfavorable to the defendant [each of the crimes of this case committed by the defendant is the same as those described in paragraph (1) of the crime of this case in the judgment of the court below, each of the crimes of this case committed by the defendant intrudes into the family of the victim D who did not have any awareness on the new wall and assault the victim D as described in the above crime of this case, and the victim D attempted to commit rape, as the victim's escape is an attempted crime, and the victim D attempted to flee from the victim D who escaped, and reported the damage.

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