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(영문) 서울고등법원 2019.01.11 2018노2512
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) by the court below is too unreasonable.

2. The Defendant: (a) raped a female-friendly sexual intercourse victim who had attended at the time; (b) was extremely poor in the nature of the crime in light of the details and the subject of the crime; and (c) the victim appears to have suffered considerable physical and mental shock and did not have sufficient compensation until this court did so; and (d) was disadvantageous to the Defendant.

On the other hand, the Defendant acknowledges and reflects his criminal act, and the Defendant is a primary offender who has no record of criminal punishment, and the instant crime appears to have been conducted dynamicly under the influence of the Defendant, and the degree of the tangible force exercised during rape is not much serious, etc. are favorable to the Defendant.

In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the following circumstances, considering the Defendant’s age, character and conduct, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the lower court is too unreasonable and goes beyond the reasonable scope of discretion.

The defendant's above assertion is without merit.

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 groundless. It is so decided as per Disposition.

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