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(영문) 서울고등법원 2015.03.26 2015노216
강간치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case was committed by assaulting the victim who refused a sexual intercourse, rape, and the victim was inflicted on the victim during the course of the crime, and the crime was fright to be punished in the past, and the defendant was punished for the same kind of crime, and even in the past, the defendant was deemed to have suffered sexual humiliation by causing considerable physical and mental shock and pain due to the crime of this case, even though the defendant escaped after the crime of this case, and did not take any particular measures for the recovery of damage so far, and the victim was punished for the crime, so it is inevitable to sentence sentence corresponding to the responsibility for the crime against the defendant.

On the other hand, the defendant voluntarily surrenders to the defendant while living for a long time, and shows an attitude to recognize and reflect the crime of this case. The crime of this case seems to be contingent rather than planned, and the degree of injury suffered by the victim is not very serious, but there are circumstances that can be considered in light of the circumstances, such as that the defendant has no record of having been sentenced to punishment.

In addition to such circumstances, considering various sentencing conditions as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is appropriate and is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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