beta
(영문) 서울고등법원 2013.04.25 2013노599

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the sentence imposed by the court below (five years of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case during the period of repeated crime, but the defendant committed the crime of this case while repeated crime, and the crime of this case is committed with a deadly weapon and forcibly taking money and valuables, threatening the victim by threatening it with a deadly weapon, and further, the crime of this case is deemed extremely inappropriate considering the defendant's age, character, character, environment, family relation, motive for the crime, means and consequence of the crime of this case, and other unfavorable circumstances, including the defendant's age, character, character, environment, family relation, motive for the crime of this case, circumstance after the crime, etc., recommendations in sentencing guidelines established by the Supreme Court and sentencing guidelines established by the sentencing committee of the Supreme Court, sentencing guidelines established by the defendant in consideration of the following factors: punishment of sexual crime and the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, etc.) which are expected to be sentenced when tried together with the crime of this case.

Therefore, the defendant's assertion is without merit.

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.