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(영문) 서울고등법원 2017.08.17 2017노1315
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case is committed by the defendant at night by allowing two male staff members living in the same floor as the victim to take care of the victim in order to rape the victim living in the next room of the employee dormitory, and then opening the victim's visit and raid into the victim to commit rape, and the nature of the crime is not good. The crime of this case showed considerable mental suffering and pain to the victim due to the crime of this case, the defendant did not agree with the victim up to the trial of the party, and other conditions of sentencing specified in the argument of this case such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and circumstances after the crime are considered, the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is obvious that “three to fifty years” of the 3th 13th Myeon of the lower judgment is a clerical error in the “two to Fifteen years”, it is obvious that it is a clerical error in the “two to Fifteen years”, and thus, it is corrected under Article 25(1).

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