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(영문) 서울고등법원 2013.04.12 2013노233

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is deemed to have committed each of the crimes of this case in light of the following: (a) the defendant invaded upon the victim C's residence and stolen property; (b) invaded upon the victim D's house with a deadly weapon, and raped the victim in the course of taking the property by force; (c) the defendant invaded upon the victim's residence; (d) raped the victim in the state of suppression of resistance by using a deadly weapon; and (e) taking property in the course of the crime, etc.; (d) the defendant committed each of the crimes of this case without any reflection even though he was sentenced to criminal punishment by larceny, etc.; and (e) the defendant committed each of the crimes of this case without any reflection during the period of repeated crime; (e) the victim D was unable to receive compensation in any way; and (e) the victims did not agree with the victims; (e) the defendant's age, character and behavior; (e) the defendant's motive and circumstances leading up to each of the crimes of this case; and (e) the defendant's allegation that the sentencing guidelines of this case was unlawful.

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.