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(영문) 대전고등법원 (청주) 2018.05.24 2018노27
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
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 judgment of the Defendant, while being in a repeated crime period, destroyed the vehicle of the victim who had been living together in the past at night, followed by intrusion on the victim’s residence and rape. In light of the circumstances leading up to the crime, the relationship between the Defendant and the victim, etc., the nature of the crime is bad and is likely to be criticized.

However, there are some favorable circumstances for the defendant, such as the fact that the defendant is suffering from a mistake from the investigative agency, the fact that the victim does not want the punishment of the defendant by the defendant's agreement with the victim, and the victim is again seeking the defendant's wife even after the trial of the party.

In full view of all the circumstances shown in the records and arguments, such as the above circumstances and the Defendant’s age, sex, family relationship, environment, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no change in sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing as it is.

The defendant's argument of sentencing is not accepted, since the court below's sentence, which sentenced the lowest sentence of the punishment by leaving the lowest sentence of the sentencing criteria, is too unreasonable since the sentence of the court below is too large.

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 without merit.

However, the following part of the judgment below clearly omitted shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

Part 2 "The defendant" is added to "the relation," of Part 6.

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