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(영문) 수원고등법원 2019.10.02 2019노262
강간치상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, 10 years of order of disclosure and notification, 5 years of restriction on employment) is too unreasonable.

Judgment

The fact that the defendant shows an attitude against his own misconduct from the investigative agency to the trial court is favorable to the defendant.

On the other hand, the defendant has intelligence at the level of the boundary line of normal intelligence and intellectual disability, and the defendant seems to have symptoms of shock disorder.

However, the crime of this case was committed on a bus at night by the defendant, following the victim at the first floor parking lot of the victim's domicile, and overcoming the victim's face, etc., and attempted to rape the victim by suppressing the victim's resistance, and causing the victim's injury to the victim during the attempted crime, and the nature of the crime is very poor.

As a result, victims have suffered considerable physical damage, and have been suffering from extreme mental suffering to the extent that their daily lives cannot be properly achieved even until now.

Around October 5, 2011, prior to the instant crime, the Defendant committed the instant crime, even though the Defendant attempted to commit rape by infringing upon a female’s residence on and around October 5, 201, and had been punished for 1 year and 6 months of imprisonment, and 2 years of suspended execution, again committed the instant crime.

In addition, considering the fact that there is no change in circumstances that could change the sentence of the lower court in the trial, and the overall sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the sentencing criteria presented by the Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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