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(영문) 대구고등법원 2016.09.08 2016노254
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable;

(2) On the date of the first instance trial, the defendant revoked his claim of mental or physical disability). The crime of this case was committed on the following grounds: (a) the defendant, while on the part of his/her place of work, sent the victim and his/her his/her dependent talks with the victim in a vertical way before his/her house; and (b) the victim became aware of the fact that he/she was the auditor with hearing disability; (c) after the meeting was completed, he/she intrudes the victim's residence and tried to rape the victim; (d)

The Defendant, while supporting his own children, has a high possibility of criticism in that the Defendant committed the instant crime against the victims of milching to his wife at the time.

As a result, the victims suffered a big sexual distress and mental shock, and furthermore, it seems that the victims are unable to properly lead their daily lives due to the symptoms that caused the negosacy and depression and that the negosy do not control the negos and urines.

The defendant was unable to receive a letter from the victim.

Although the Defendant’s criminal act was committed, the commission of rape, which is a basic crime, was committed in an attempted crime, and the commission of rape was committed on one occasion, and there was no other penal power except for the previous punishment, and support his/her two marrieds, considering the fact that the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, as well as all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to fall within the scope of appropriate sentence corresponding to its responsibility,

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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