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(영문) 서울고등법원 2015.05.19 2014노4033
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The appeal filed by the defendant, the person subject to the attachment order, the person subject to the probation order and the prosecutor shall be dismissed.

Reasons

Summary of Grounds for Appeal

Defendant, the person against whom the attachment order was requested, and the person against whom the attachment order was requested, and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter referred to as “defendant”) was under the influence of alcohol at the time of each crime in this case,

The sentence of imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unfair.

It is improper for the court below to dismiss a request for an attachment order and a request for a probation order against the defendant.

Judgment

According to the evidence duly adopted and examined by the court below regarding the claim of mental retardation on the part of the defendant's case, it is recognized that the defendant had drinking alcohol at the time of each of the crimes in this case.

However, in light of the background, means and method of each of the instant crimes, the Defendant’s behavior before and after the instant crime, etc., which can be recognized by the evidence, did not appear to have been in a state where the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

Each of the instant crimes against the Defendant and the prosecutor’s assertion of unfair sentencing is an unfavorable circumstance to the Defendant that the Defendant attempted to rape the victim of 11 death, who is de facto dependent, or committed indecent act by compulsion, and that the nature of each of the instant crimes was very poor. It can be easily said that the mental impulse received by the victim due to each of the instant crimes, and that the victim and the mother of the victim want to punish the Defendant.

On the other hand, the fact that the defendant is breaking his mistake in depth, the rape is committed in the attempted crime, and the criminal punishment of the defendant is imposed in excess of the fine, or criminal punishment of the same kind of mistake.

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