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(영문) 대전고등법원 2014.09.26 2014노232

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. It is reasonable that there is a reason to consider the Defendant in favor of sentencing, such as the fact that the Defendant made a confession of all of the instant crimes when the Defendant was in the trial, that the Defendant deposited KRW 20 million for the victim in the trial of the party, that the Defendant’s mother is bringing up two children of the Defendant under navigation cancer treatment, and that the Defendant has no record of the same criminal record or the suspension of execution.

However, considering the fact that the crime of this case was committed by: (a) by gathering the images of the victim who was requested by the victim to make a decision from the victim, by threatening the victim to send them to the school where the victim works; (b) rapes the victim; and (c) continuously threatened the victim with his pictures in the process; and (d) in light of the method and content of the crime, etc., the victim suffered considerable mental shock due to the crime of this case; (c) the victim was able to obtain a heavy punishment against the defendant; and (d) the victim did not receive a letter from the victim, the sentencing of the court below, within the recommended range of the sentencing guidelines of the Sentencing Committee, cannot be deemed unfair because it is too too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.