logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.08.22 2013노2072
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant’s mistake is against the victim; (b) the degree of injury to the victim is not serious; (c) the rape crime of this case is more favorable conditions such as attempted rape; (d) the Defendant attempted to rape the victim; and (e) the quality of the crime of this case is not good; (c) the victim appears to have suffered a large mental or physical shock; and (d) the victim did not take any measure to recover the victim’s damage; and (e) the Defendant’s age, character and behavior, environment, family relation, motive and consequence of the crime; and (e) the various conditions of sentencing specified in the arguments of this case including the circumstances after the crime; and (e) the recommended balance of sentencing guidelines set by the Sentencing Committee, etc., the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no ground to appeal.

arrow