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(영문) 서울고등법원 2019.11.27 2019노2097

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant recognized the instant crime, and went against the Defendant, and the instant indecent act by compulsion was committed in the same way.

The defendant seems to have a parent who must support and have economic difficulties.

The family and branch members of the defendant want to take the defendant's wife against the defendant, and the defendant has no record of being punished for the same crime before the crime of this case was committed.

These points are favorable to the defendant.

However, the crime of this case was committed by the defendant who attempted to threaten and forced the victim who is a juvenile in knife, but the attempted crime was committed, but the part of the victim's arms against the victim was knife and the crime was committed with knife is not very good.

The victim seems to have suffered considerable sexual humiliation and physical or mental suffering due to the crime of this case.

Nevertheless, up to the trial, the Defendant did not receive a letter from the victim, and did not completely recover from the damage.

These points are disadvantageous to the defendant.

In addition, if there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition, considering the various circumstances that are the conditions of sentencing, such as the Defendant’s age, family relationship, character and conduct, environment, etc. recorded in the record, the sentence of the lower court does not seem to be unfair, or too unreasonable.

The defendant's above assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.