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(영문) 서울고등법원 (춘천) 2020.04.01 2020노16

유사강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, etc.) by the lower court is too unreasonable;

2. The circumstances are favorable to the defendant, such as: (a) the defendant, who was partly denied the crime of this case from the investigative agency to the original trial; (b) was led to confessions by the court; and (c) the victim again wants to take the Defendant’s wife by agreement with the victim; and (d) there was no record of punishment for sexual crimes.

However, the crime of this case is an unfavorable circumstance to the defendant, where the defendant carried a dangerous object and detained the victim, and took the body of the victim against the victim's will by using a camera, etc., and the nature of the crime is bad in light of the law of criminal acts, etc., and it seems that the crime of this case was likely to have caused the victim's mental shock and sexual humiliation. The defendant had been subject to multiple criminal punishment on the part of violent crimes committed by the female who was dead prior to the crime of this case.

In addition to these circumstances, the lower court’s punishment is too unreasonable considering the following factors comprehensively: (a) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (b) the punishment of the lower court is within the scope of the recommended punishment according to the sentencing guidelines (at least two years of imprisonment); and (c) other factors of sentencing, such as the Defendant’s age

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.