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(영문) 서울고등법원 2013.06.13 2013노1246
강간상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances against the defendant, the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

B. In light of the circumstances against the prosecutor’s defendant, the sentence imposed by the court below (three years of imprisonment) is too unhued and unfair.

2. Determination: (a) under favorable circumstances such as the Defendant’s rape crime in this case’s attempted rape; (b) the victim’s injury is minor; (c) the Defendant committed the crime in this case by contingency while under the influence of alcohol; (d) the Defendant did not have any other criminal record other than the previous criminal record; and (e) the crime in this case was committed by assaulting the victim resistance in the course of rape against the victim who was delivered a coffee; (c) the nature of the crime is not good; (d) the mental and physical shock of the victim’s injury appears to be considerable; (e) the Defendant did not take any measures to recover the victim’s injury; and (e) the Defendant’s age, character and conduct, environment, family relationship, method and consequence of the crime; and (e) recommendations on the sentencing guidelines established by the Sentencing Committee, including the following: (e) the Defendant’s age, character, family relation, method and consequence of the crime; and (e) the Defendant’s recommendation on the sentencing guidelines established.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and

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