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(영문) 서울고등법원 (춘천) 2014.05.14 2014노1
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each crime committed on July 17, 2013, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol as stated in the lower judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined, the lower court’s determination on the assertion of mental and physical disorder may recognize the fact that the Defendant was in a drinking condition at the time of each crime committed on July 17, 2013 as indicated in the lower judgment. However, in light of various circumstances, such as the background, method, and method of the crime, it is difficult to view that the Defendant was under the influence of alcohol that the Defendant had no or weak ability to discern things or make decisions.

B. Although the Defendant’s wrong determination on the assertion of unfair sentencing is against the Defendant’s wrong determination, the crime and the fact that the nature of the offense, such as rape and taking property by threatening the victim in knife for the repeated crime period, and the criminal situation are extremely poor, the victim suffered serious mental pain, and the victim does not recover from damage. Nevertheless, the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense, and all of the sentencing conditions indicated in the arguments, such as the circumstances after the crime, cannot be said to be unfair because the lower court’s punishment is excessively unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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