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(영문) 서울고등법원 2017.06.29 2017노493

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court’s unfair sentencing (two years and six months of imprisonment) and the incidental disposition (three years of completion, disclosure and notification of sexual assault programs) are too unreasonable.

2. Since the appellate court did not submit new sentencing data, there is no particular change in sentencing conditions compared with the original judgment.

In addition, the defendant was sentenced to a suspended sentence of imprisonment for the same crime and committed the crime of this case during the suspended sentence period.

At the lower court’s stage, the Defendant has already deposited the victim’s future deposits in the victim’s future, and such circumstances are reflected in the sentencing of the lower court.

The defendant, on the grounds of appeal, agrees with the victim.

Although it was clearly stated, the victim was not able to use it.

In full view of all the reasons for sentencing revealed in the proceedings of the instant case, including these circumstances, the lower court’s punishment and incidental disposition are excessively heavy to the extent that they exceeded the reasonable discretion of the judge.

does not appear.

Therefore, this part of the defendant's argument is without merit.

3. Conclusion, the defendant's appeal is dismissed for lack of grounds.