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(영문) 부산고등법원 2016.11.23 2016노602

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the original court (two years and six months of imprisonment) is too unreasonable.

2. In the judgment of the court, the defendant recognized the rape crime of this case and is against the defendant, the defendant committed the rape crime of this case in a somewhat contingent and contingent manner under the influence of alcohol, the degree of damage caused by the larceny of this case has reached an agreement with the victim, and the fact that the defendant did not have any record of punishment for the sex crime is favorable to the defendant.

However, the crime of rape of this case was raped by the victim on the ground that the defendant committed the crime of rape of this case, and the defendant committed the crime of this case in the course of the crime, considering the circumstances and contents of the crime, such as her scambling and scambling the victim's scambling in the course of the crime, and her scamblingly bad character in light of the circumstances and contents of the crime, the victim suffered a very large sexual humiliation and mental shock due to the rape crime of this case, the defendant was unable to receive a letter from the victim of the rape crime of this case, the defendant was punished several times for larceny, and one month has not passed since the execution of the crime of this case was completed due to larceny, etc., and the defendant committed each crime of this case within the period of repeated crime that was sentenced to punishment due to larceny, etc., and was committed against the defendant, it does not seem to have exceeded the sentencing guidelines of the sentencing committee and sentencing guidelines.

Therefore, the defendant's assertion is without merit.

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