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(영문) 서울고등법원 2019.04.30 2019노224
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable; and

2. The judgment of the defendant was made in the first instance and is contrary to the recognition of the crime of this case; the defendant has no criminal record of sexual crime or juvenile protective disposition; the defendant's poor family environment; the defendant's family and his family members and branch members are favorable to the defendant.

On the other hand, the Defendant came to know through SNS, and performed drinking at his home with the first victim on the day of the instant case, and raped the victim more.

The crime of this case is a bad quality in light of the relationship between the defendant and the victim, the details and the method of the crime, etc.

It seems that the victim suffered severe mental suffering due to the crime of this case, and the mental suffering of such victim seems not to be easy to recover in the future.

Such circumstances are disadvantageous to the defendant.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., the conditions of sentencing (including additional sentencing data in the appellate trial) as shown in the instant argument, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it is not deemed that the sentence of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, the judgment of the court below is clearly stated that the victim's age "24 years of age" is erroneous, so it shall be corrected pursuant to Article 25 (1) of the Rules on Criminal Procedure.

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