beta
(영문) 부산고등법원 (창원) 2013.05.10 2013노77

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment, etc.) shall be too unreasonable;

2. In determining whether the Defendant was a party, there are favorable factors for sentencing, such as the fact that the Defendant had committed the instant crime, and that the Defendant had committed the instant crime, and that the Defendant did not have considerable damage to the total amount of KRW 400,000,000.

However, the defendant raped the victim H two times, and even though the above victim had a great mental or physical shock, it has not yet been used by the above victim, and did not take necessary measures to recover damage to the victim D with respect to stolen waters and merchandise coupons. On October 30, 2008, the defendant has the record of having been punished several times due to the violation of the Road Traffic Act (unlicensed driving) except for the past six months of imprisonment with prison labor due to the obstruction of performance of special duties, etc.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition