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(영문) 대법원 2017.11.09 2017도14559
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below held that each of the crimes of this case was committed in a state where the nature of the crime is poor and the content of the crime or the method of the crime is scientific and thus there is a high possibility of criticism, the victim of the crime of special robbery similar to rape and robbery has not been recovered from damage, such as medication and mental treatment due to the crime. The victims of each of the crimes of this case are strongly seeking punishment of the defendant, and the victims of each of the crimes of this case have taken into consideration the fact that all of the crimes of this case are recognized as a crime, and the defendant has taken into depth and participated in the mistake, and there is a significant importance in the motive of each of the crimes of this case in a state where there is considerable economic lack.

It is not possible to see that there is a social ties between parents and children to support the defendant.

The judgment of the first instance court sentenced 20 years to imprisonment was reversed, and the defendant sentenced 18 years to imprisonment, considering favorable circumstances, such as the improvement and edification room, etc.

Examining various circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, which are acknowledged based on records and evidence, the sentencing of the lower court, which sentenced the Defendant to 18 years of imprisonment, is too unreasonable, even when considering various circumstances asserted on the grounds of appeal by the Defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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