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(영문) 서울고등법원 2013.03.22 2012노4388
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendants inhaled the main body of hallucinogenic substances, and were in a state of mental and physical disability.

B. The lower court’s punishment of unreasonable sentencing (six years of imprisonment) is too unreasonable.

2. Determination:

A. The court below also made the same assertion as the grounds for appeal in this part, and the court below rejected the above assertion in detail by stating the defendants' arguments and the judgment in detail as to the defendants' arguments under the title of the "Judgment on the Grounds of the defendants and the Defense Counsel" in the judgment of the court below. If the judgment of the court below is closely compared with the records, the judgment is justified, and therefore, the defendants' arguments in this part

B. There are circumstances to be considered in light of the circumstances, such as the Defendants’ depth and radius from the perspective of unfair sentencing, and the Defendants’ age has grown in a relatively less and less poor environment.

However, the crime of this case is committed by the Defendants, which inhales hallucinogenic substances and inhales them several times, and the nature of the crime is very heavy, the victim's age as a minor, the Defendants failed to recover damage because they did not agree with the victim. In addition, in full view of all the sentencing conditions in the pleadings of this case, including character, conduct, family environment, motive and circumstance of the crime, circumstances before and after the crime, etc., and the scope of the recommended sentencing guidelines of the Supreme Court, the sentence of the court below is deemed unreasonable.

Therefore, the Defendants’ assertion on this part is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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