logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.09.12 2013노2246
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the sentence imposed by the court below (three years of imprisonment and four years of suspended execution) is too unfluent and unreasonable.

2. Determination: (a) the Defendant attempted to rape and attempted to commit rape; (b) the victim appears to have received a considerable mental and physical impulse due to the instant crime; (c) the Defendant divided and closely reflects his mistake; (d) the Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner under the influence of alcohol; (b) there was no history of punishment due to sex offense; (c) the degree of injury suffered is not severe; and (d) the Defendant did not want to punish the Defendant, including favorable circumstances, such as the Defendant’s age, character, character, environment, family relationship, motive and consequence of the instant crime; and (e) the recommended sentencing guidelines for the enactment of the Sentencing Committee, including the circumstances after the instant crime, etc., it cannot be deemed unfair for the lower court to have imposed excessive punishment.

Therefore, the inspector's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow