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(영문) 서울고등법원 2014.12.18 2014노2774
강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. In the grounds of appeal, the prosecutor asserted that the dismissal of the public prosecutor was erroneous in the judgment below, but the prosecutor withdrawn the allegation of mistake on the second public trial date.

The sentence sentenced by the court below is too uneasible and unfair.

Judgment

We also examine the defendant and prosecutor's arguments on unreasonable sentencing.

In light of the fact that the instant crime was committed by the Defendant opening a door that the Defendant did not locked, and thereby preventing the body of the victim from leaving the victim’s body in a transparent tape by binding the victim’s hacking resistance, and taking the victim’s property by force after threatening the victim, which is very poor to the nature of the crime; the Defendant, including his fingerprints remaining at the scene of the crime; and immediately after the commission of the crime, took away from other clothes and escaped; and the victim appears to have suffered a huge mental shock; in light of the fact that the instant crime was committed, it is inevitable to punish the Defendant with severe penalty corresponding to the liability for the crime.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided the mistake; (b) the Defendant did not have any criminal history; (c) the Defendant was faced with the growing process due to the Defendant’s lack of adequate protection and rearing at home from high school to work to stop his/her studies; (d) the Defendant did not want the Defendant to be punished by mutual consent; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other circumstances attached to the sentencing indicated in the record, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

The defendant and prosecutor's argument of unfair sentencing are without merit.

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