(영문) 서울고등법원 2013.03.28 2013노59 | 리걸엔진

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줄 간격

자간(%)

(영문) 서울고등법원 2013.03.28 2013노59

강간미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state with weak capacity to discern things or make decisions.

B. In light of the circumstances on the defendant's unfair sentencing, the sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, even though the defendant was in a state of drinking alcohol at the time of each of the crimes in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol in light of the circumstances of each of the crimes in this case, the method and content of each of the crimes in this case, and the defendant's behavior and attitude before and after the crimes.

Therefore, the defendant's assertion of mental disability is without merit.

B. The court below's punishment is too unreasonable in light of the defendant's age, character, environment, family relation, motive and consequence of the crime, various conditions of sentencing specified in the arguments of this case including the defendant's age, character, environment, family relation, motive and consequence of the crime, circumstances after the crime, etc., as well as the recommended sentencing guidelines set forth in the sentencing guidelines set by the Supreme Court en banc Decision 201Da14889 decided May 1, 201, considering the following factors: (a) the defendant tried to commit rape in his house; (b) the defendant detained the victim; and (c) the defendant failed to meet the victim's request for alcohol measurement; (d) the defendant committed the attempted rape of this case even though he had been sentenced to four years of imprisonment due to rape in the past; and (e) the victim seems to have suffered mental shock not to be easily erased; and (e) the defendant's age, character, environment, family relation, motive and consequence of the crime;

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조 제4항

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