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(영문) 서울고등법원 2016.09.29 2016노2063
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the defendant's mistake is divided into his own mistake, and that the defendant agreed with the victim.

However, the Defendant again committed the instant crime during the period of a repeated crime; the instant crime was committed by the Defendant who attempted to rape the victim, and was aware of such crime, and the nature of the crime is not good; the statutory penalty for the crime of rape in this case is imprisonment with prison labor for life or for not less than five years; the Defendant’s choice of imprisonment with prison labor for a limited term; the Defendant sentenced to imprisonment with prison labor for a limited term of two years and six months for a limited term after the aggravation of repeated crime and reduction of volume; the court sentenced a conviction of a person who committed a sexual crime to a conviction, order to complete a program necessary for the prevention of recidivism, etc. shall be imposed concurrently; Provided, That the foregoing shall not apply where there are special circumstances where it is impossible to impose such punishment (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes).

In addition, considering the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime was committed, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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. It is so decided as per Disposition.

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