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(영문) 서울고등법원 2012.12.28 2012노3525

강간치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination:

A. According to the records on the determination of mental and physical disability, it is found that the defendant was in a state of drinking alcohol at the time of the crime of this case, but it does not seem that the defendant had weak ability to discern things or make decisions. Therefore, this part of the defendant's assertion is without merit.

B. Although the lower court did not have any circumstances to take into account such as agreement with the victim on the charge of rape in this case’s argument on the assertion of unfair sentencing, the crime of this case was committed by the Defendant’s attempted rape, and was committed by the victim at the time of his arrival, and the nature of the crime is very poor in itself, and there is a high risk of having been interviewed with the applicable applicable law and the form of crime, and the Defendant had a record of being punished for five years by the crime of robbery during 197, etc. In addition, the Defendant’s age, character and conduct, motive and circumstance leading to the crime of this case, circumstances before and after the crime, etc., and all the sentencing conditions indicated in the argument of this case’s argument, such as the sentencing guidelines, among the sentencing guidelines of the crime of sex offense of this case, and the sentencing guidelines of the Supreme Court’s sentencing guidelines, the scope of punishment is the minimum sentence of imprisonment for two years and six years and six years and six (five (five (five) years and six (five) years and six (five) years (five (five) years) years and six) years (five) years (five).

In full view of the above, since the court below's punishment is not recognized as improper because it is proper and too unreasonable, this part of the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.