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(영문) 대전고등법원 2014.12.05 2014노385

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (three years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The judgment of the court below is that the crime of this case committed the crime of this case was committed while the defendant carried dangerous things and sustained injury to the victim and had sexual intercourse with the victim by taking advantage of the victim's state of failing to resist, and the quality of the crime is not good. Meanwhile, the victim did not receive a letter from the victim until now, the degree of damage to the victim due to the taking out of the water exemption and recovery seems not to be much severe, and the defendant also seems to have committed the crime of quasi-rape in a contingent manner. The defendant is an old age near the age of 70 years, and there is no criminal record until the crime of this case was committed, the defendant was found to have committed the crime of this case, the defendant was committed too late, and is against the fact that all of the crimes of this case are recognized by the court below, that the defendant deposited a certain amount of money for the victim at the time of the trial, that the defendant tried to commit the crime of this case with exemption from water, and that the defendant made efforts for the relief of the victim after the crime of this case.

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