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(영문) 서울고등법원 2015.11.26 2015노2790
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case, and divided the error in depth, and seems to have caused robbery in the difficult wife, and there are circumstances that can be considered in light of the circumstances, such as that the victim did not want the punishment of the defendant and the defendant did not have any record of punishment for sexual crimes.

However, each of the crimes of this case is likely to be criticized in that the defendant is under the influence of alcohol to the extent that he could not cause a sound of the victim's timber that he cannot be able to do so, and leads the victim's alleyway near the victim's resistance. After inserting the victim's fingers, the victim's fingers rapidly and forced the victim to do so. The defendant's act is a non-specific woman subject to the crime, which is likely to seriously undermine the safety of our society, trust of public order and security, and create social anxiety, and thus, it is highly likely to be criticized in that the defendant committed each of the crimes of this case again during the period of repeated crime. Accordingly, the victim appears to have been a pipe of considerable shock, fear, and sexual humiliation, so it is inevitable to render a sentence corresponding to the criminal liability against the defendant.

In full view of such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive for committing a crime, means and consequence of a crime, various sentencing conditions as recorded in the records, such as the circumstances after committing a crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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