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(영문) 서울고등법원 (춘천) 2016.04.27 2016노40
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized all of the crimes and reflected in the judgment, the fact that the defendant received a letter from the injured party is more favorable, but the nature of the crime of this case committed by rape according to the victim who does not have any awareness of being injured is very good.

As above, the court below seems to have sentenced two and half years and six months to the sentencing guidelines by taking into account the circumstances favorable to the defendant and favorable to the defendant, and the recommended sentencing guidelines of the Supreme Court Sentencing Committee (the imprisonment of three to five years).

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, in full view of the matters requiring conditions of sentencing, the sentencing of the court below, and the sentencing guidelines, etc.

There is no circumstance in which the lower court’s determination of sentencing is deemed unfair or that it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the character and conduct of the Defendant, the background and result of the instant crime, the circumstances after the crime, etc., the lower court’s sentence is appropriate and too unreasonable.

3. In conclusion, 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.

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