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(영문) 서울고등법원 2014.11.06 2014노2668
상해등
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 (four years of imprisonment) is too unreasonable.

2. The Defendant did not have any history of punishment exceeding a sexual crime or fine, and the Defendant recognized the instant crime and reflected his mistake.

However, while living together with the victim, the defendant continued to assault and threaten the victim, and invaded the victim's residence, and rape.

As a result, the victim suffered a huge mental suffering, including extreme anxiety and fear.

Nevertheless, the victim did not take any measures to recover the damage.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the instant argument, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.

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