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(영문) 광주고등법원 (제주) 2015.04.29 2015노11

강간등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (along with imprisonment of three years and 80 hours’ order) is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. The fact that the defendant was in a trial for the first time, and all of the crimes are recognized and reflected, and that there is no criminal record in the same kind of crime is favorable to the defendant.

On the other hand, there are unfavorable circumstances, such as the fact that the victim committed rape or indecent act against the two victims on the ground of treatment, while focusing on the case of the crime in this case, and that the nature of the crime is inferior, and that the victims would have suffered a big mental damage due to the crime in this case.

In full view of the aforementioned circumstances and other factors, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the sentencing guidelines, etc., the sentence imposed by the lower court is deemed appropriate, and it is not determined that the sentence imposed by the Defendant is too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.