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(영문) 서울고등법원 2015.01.16 2014노3229
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment of the court below is the circumstances favorable to the defendant, such as the fact that the defendant led to the confession and reflect of the crime from the court below, the fact that the defendant agreed with the victim and his parents in the court below, the defendant is in the position to support his wife and his father, and the fact that the defendant did not have the previous criminal records of this case.

On the other hand, this case is a situation unfavorable to the defendant, such as the fact that the defendant has induced victimized female juveniles to a car, and then tried to rape by threatening them with the kitchen knife, and the crime is very serious in the background and method of the crime. Furthermore, the defendant is planned to commit the crime by preparing a siren and the kitchen knife in advance, etc., and the fact that the female juveniles suffered a considerable mental shock due to the instant case are expected to have undergone considerable mental shock.

In addition, since the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc. fall under the criminal attempt, the sentencing guidelines of the Sentencing Committee of the Supreme Court do not apply to the case. However, the scope of the punishment by law is 2 years and 6 months to 15 years.

In full view of the above, since the sentence imposed by the court below against the defendant is too unreasonable, 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.

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