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서울고등법원 2013.09.06 2013노2243

강간치상

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment for three years, four years of probation, probation, 120 hours of community service, 40 hours of sexual assault therapy, disclosure of information, and 4 years of notification), the Defendant asserts that the Defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. The crime of this case is committed in combination with the victim's happiness and drinking together, and despite the defendant's refusal of the victim, the victim's two arms, felling, and felling the victim's head, and attempted to rape once, despite the victim's refusal, and the victim's head was inflicted on the victim's head. In the process of the crime of this case, the crime of this case is bad, and the victim suffered bodily suffering from the victim's mental suffering after the crime of this case. The crime of this case seems to have considerably high, and the damage recovery has not been done for a long time after the criminal of this case was committed. In addition to the crime of this case, the defendant was committed in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., the Prevention of Prostitution, etc. Act, and the violation of the Road Traffic Act, and criminal records of a fine or a suspended sentence of imprisonment with prison labor are disadvantageous to the defendant.

On the other hand, rape itself is a favorable condition for the defendant, such as the fact that the victim was guilty of attempted crimes, the injury suffered in the course of the crime of this case is not very serious, the fact that the defendant agreed with the victim in the original trial, that the defendant did not have any past record or criminal punishment, and that the defendant seems to recognize and repent his mistake.

In addition, the defendant's age, character and conduct, family environment, motive and background leading to the crime of this case, circumstances before and after the crime of this case, etc., various sentencing conditions as shown in the arguments of this case, and sex offenses within the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee.