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(영문) 서울고등법원 2016.07.05 2016노1180
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal is unfair because the punishment (two years and six months of imprisonment) imposed on the defendant is too unreasonable.

Judgment

The defendant recognized all of the crimes of this case for the first time, and reflects the mistake in depth, the defendant agreed with the victim, the victim complained of the defendant's wife by attending the court of original instance directly, the defendant has no record of punishment due to sexual crimes, and the defendant must support his/her cohabiting female and his/her father, etc. in favor of the defendant.

However, the crime of this case was committed when the victim was considered to have been pregnant and the female living together with the defendant could reside in the victim's house on condition that he could only monthly living without a deposit. However, the crime of this case was committed by rape of the victim and assaulting the victim for the purpose of preventing the victim from reporting to the police during that process. The crime of this case is highly serious, and the victim seems to have suffered considerable physical and mental pain, and the defendant was sentenced to imprisonment with prison labor for each specific violent criminal under the Act on Special Cases Concerning the Punishment of Specific Crimes, and for which ten years have not passed since the execution of each sentence was completed, and the crime of rape of this case was committed against the defendant.

In addition, under the above circumstances, all the sentencing conditions as shown in the arguments in this case, including the Defendant’s age, sex behavior and environment, and the sentencing guidelines established by the Supreme Court’s sentencing committee [the scope of recommended punishment] / [the scope of recommended punishment / the scope of punishment ] 13 years and above / In the event of the occurrence of the result of the injury, the scope of punishment / 13 years of age and 5 years of age and / in the area of special mitigation (one year and three years of general rape) / 5 years [a person with special mitigation] minor injury and punishment.

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