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(영문) 광주고등법원 (전주) 2015.10.13 2015노142
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The circumstances are that the defendant's mistake recognized and seriously reflects the defendant, the defendant has no criminal power other than those sentenced to fines on two occasions due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Operation without License). The defendant's unmarried support for the mother who is over 80 years old due to his/her negligence are favorable or considered to the defendant.

On the other hand, the Defendant’s crime of this case is a serious punishment corresponding to his responsibility in light of the following: (a) the elderly victim, who has a mental body, is living alone in a remote place; (b) the victim’s house hold the house glass; and (c) the victim suffered a bodily injury that is not less vulnerable to the victim; and (d) the crime and the nature of the crime are very heavy; and (e) the victim did not receive any tolerance from the victim; and (e) the damage recovery was not made at all.

In light of the above various circumstances, there is no change in special circumstances that could vary in the sentence of the court below. In addition, considering the following conditions, such as Defendant’s age, character and conduct, environment, motive or circumstance of crime, motive or circumstance of crime, method and method of crime, contents and result of crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act. However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the "Act on the Punishment, etc. of Sexual Crimes" in Chapter 3 of the decision of the court below is about the punishment of sexual crimes

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