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(영문) 광주고등법원 2017.11.23 2017노392
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the original court’s determination on the unfair argument of sentencing, and the sentencing of the original court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the conditions of sentencing compared to the original court’s determination because the new materials of sentencing were not submitted in this case.

In addition, in full view of the sentencing conditions shown in the records and pleadings, including the fact that the defendant has sexual intercourse by force using the victim's low intellectual ability, the nature of the crime is very poor, the victim is a woman's friendly relationship with the defendant, and no effort has been made to recover the victim's damage, etc., even though considering all the favorable factors of the defendant, among various sentencing factors, such as the fact that the defendant is a first offender with no criminal history, it cannot be said that the lower court's punishment against the defendant is excessively excessive and beyond the reasonable scope of discretion.

Defendant’s assertion that the sentence of the court below is unreasonable is rejected.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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