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(영문) 서울고등법원 2015.12.17 2015노2546

준강간

Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant, when making a judgment during the trial, made a confession of the instant crime, is against the Defendant.

A defendant has no record of criminal punishment, suspended execution or heavier punishment against a sexual crime.

However, the crime of this case is not suitable for the criminal defendant to have sexual intercourse with the victim who is under the influence of alcohol.

As a result, the victim suffered a huge physical or mental suffering.

The victim is trying to punish the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence of the court below is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.