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(영문) 서울고등법원 2018.07.12 2018노1100
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment of the lower court (the imprisonment of six years and the imprisonment of 80 hours for sexual assault treatment programs) that unjustly alleged the sentencing is too unreasonable, and the amount of the punishment is determined unreasonable.

2. As new data on sentencing have not been submitted in the appellate court’s judgment, there is no particular change in sentencing conditions compared to those of the lower court.

In addition, the statutory penalty for the defendant's crime is imprisonment for life or for not less than 10 years.

The court below selected double imprisonment with prison labor and reduced the amount in consideration of the circumstances such as the defendant's agreement with the victim.

However, the defendant was killed by the victim and his male-gu, and then will go to the prison.

At the same time, the victim has been raped on several occasions in the same opportunity as the victim has been seriously distorted.

The defendant's crime is not guilty.

In addition to these circumstances, considering all the sentencing factors revealed in the public trial of this case, the sentence of the court below is too heavy to the extent that it exceeds the reasonable discretion of the court.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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