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(영문) 서울고등법원 2017.01.10 2016노3381
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (five years of imprisonment) is too unreasonable.

Judgment

The defendant recognized the crime of this case and divided the wrongness in depth, among the facts charged of this case, the rape itself is about attempted, the injury suffered by the victim is relatively minor, and the victim does not want punishment against the defendant by agreement with the victim.

On the other hand, the crime of this case is committed against the defendant, in the following circumstances: (a) the defendant committed the crime of this case: (b) the crime of this case was committed against the victim who was passing beyond the officetel parking lot, and the victim attempted to commit the crime of this case in excess of the excessive amount of deadly weapons; and (c) the victim suffered considerable physical and mental pain in the process of committing the crime of this case; and (d) the victim appears to have suffered considerable physical or mental pain.

In full view of the above circumstances and other conditions of sentencing as shown in the argument in this case, including the Defendant’s age, sex and environment, and the scope of the recommended sentencing guidelines (five to nine years of imprisonment) established by the Supreme Court’s sentencing committee (the scope of recommended punishment) / Where the result of the bodily injury occurred, the scope of the recommended sentence that was modified according to the lower limit of the punishment under the Act on the Punishment of Minor Offenses and Non-Aggravated Punishment where the result of the bodily injury occurred in the area of special mitigation (three to nine years of imprisonment) (three to nine years of special rapes, such as intrusion upon residence). However, where the basic crime was not committed, the scope of the recommended sentence that was modified according to the lower limit of the punishment under the Act on the Punishment of Non-Aggravated Punishment and Non-Aggravated Punishment and Non-Aggravated Punishment and Non-Aggravated Punishment and it cannot be deemed unfair because the sentence imposed by the court below

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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