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(영문) 서울고등법원 2015.10.08 2015노1898

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The Defendant, who recognized the instant crime, runs against the Defendant.

The instant crime was attempted.

The defendant has no record of being sentenced to a suspended sentence or heavier punishment for a sexual crime.

However, the crime of this case is very bad to commit the crime of this case, which is attempted to rape the victim with the disability of the victim of the second degree of self-pulmonary disability (or age 20).

As a result of the instant crime, the victim and his family members seem to have caused considerable mental shock and sexual humiliation.

The defendant was unable to receive suspicion from the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., all the sentencing conditions as shown in the instant argument, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.