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(영문) 서울고등법원 2013.09.13 2013노2189

강간등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor, six years for disclosure and notification of information, four years for confiscation and return of victims) declared by the court below is arguing that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Of the victims of the instant crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, some of the victims were temporarily returned to the victims, the Defendant did not have any record of sexual crime, and the Defendant recognized the Defendant’s mistake and reflects it.

On the other hand, each of the crimes of this case committed a theft of money and valuables equivalent to KRW 5,400,000, which was habitually 37 times in total by the Defendant, leading the first female of the front side who was engaged in an exercise at school playgrounds at night, rape, and destroying the crime prevention windows, etc., and committed a theft of money and valuables at least 5,400 won, which were committed by each of the crimes of this case. The crimes of this case did not receive recovery from damage caused by each of the crimes of this case, except for the goods returned to some victims, and the defendant was sentenced to imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, special theft, fraud, fabrication of private documents, forgery of a falsified investigation document, the use of a falsified investigation document, and the violation of the Road Traffic Act (unlicensed Driving) and is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, family environment, motive and background leading to the crime of this case, circumstances before and after the crime of this case, etc., all the sentencing conditions shown in the argument of this case, and crimes 1 of the range of recommended sentences according to the sentencing guidelines set by the Supreme Court's Sentencing Commission (decision of types) shall be general criteria for sexual crimes / general rape [the scope of recommended sentencing] / [the scope of recommended punishment] / 2 years and 6 months to 5 years [general person] aggravated factors: The type of crimes 2 of this type of repeated crime, which does not fall under special cases (a repeated offense) and special cases.