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(영문) 서울고등법원 2016.04.07 2015노3527
강간
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case is committed by rape of the victim, who is an employee of the carpet operated by the defendant, and the nature of the crime is not good, the defendant did not agree with the victim up to the trial of the defendant, the statutory punishment of the crime of this case is imprisonment for more than three years, and the court below sentenced one year and six months to the lowest amount of imprisonment after reducing the amount of punishment, and other conditions of sentencing specified in the argument of this case such as the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime are considered, it is not recognized that the court below's punishment is too unreasonable. Thus, the above argument by the defendant 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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