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(영문) 광주고등법원 2012.12.06 2012노421

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (at least three years and six months of imprisonment, 40 hours of course, 5 years of disclosure order) is too unreasonable.

2. There are favorable circumstances such as the confession of the accused to commit a crime and reflects his mistake in depth, the fact that there was no record of punishment for the same kind of crime in the past, and that there was an agreement with the victim.

However, the crime of this case is committed by the defendant who has the responsibility to rear and protect the victim as a sheshesheshel of the victim, and instead, by committing an indecent act for his/her own sexual desire and resulting in bodily injury, and thus, the crime is anti-humane and the nature of the crime is serious; the crime of sexual assault by the defendant appears to have been committed by the juvenile, which is the juvenile, to have received a mental shock that makes it impossible for the victim to live together; the court below sentenced the most possible punishment through discretionary mitigation; and in full view of various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the court below's punishment is not deemed to be unfair, and therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.