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(영문) 서울고등법원 2013.07.04 2013노1695
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances of unfair sentencing against the Defendant, the sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. There are special circumstances in which disclosure or notification should not be disclosed to the accused.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing is against his will and wrong when he was found to have committed the instant crime; favorable circumstances such as the Defendant’s first offender who had no previous conviction; the Defendant’s sexual intercourse with a victim who had no sexual experience after his authority to take a large amount of drinking, and the nature of the instant crime is not good; the victim’s sexual intercourse with the victim who suffered injury; the victim’s sexual intercourse with a victim who was sexually experienced without sexual experience; the victim’s sexual intercourse with the victim’s sexual intercourse with the victim; and the victim’s sexual intercourse with the victim up to 1 cm, and the sexual disease’s entrance up to 1 cm; the victim was infected by sexual disease; the victim was exposed to mental and physical shock that is difficult for the victim to overcome by the instant crime; the victim’s family members suffered considerable mental or physical suffering from the instant crime; the victim’s family members were subject to multiple investigations in this case; the victim and his family members did not appear to have an unfavorable motive for the Defendant to commit the instant crime including the Defendant’s severe punishment; the Defendant’s motive and consequence of sentencing, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. The Defendant’s age, occupation, type and motive of the instant crime, the process of the instant crime, and the result thereof, which led to sexual intercourse with the victim, who was drunk after drinking much alcohol on the part of the victim, as to the determination of the unjust assertion of disclosure and notification, is sexual intercourse.

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