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(영문) 부산고등법원 2016.03.30 2016노18
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court’s sentence (two years of imprisonment, etc.) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized all of the instant crimes and reflects on the depth of the instant crimes; (b) the Defendant committed each of the instant crimes in a state of mental and physical weakness with a physically and mentally handicapped person of Grade II with mental disability; (c) the Defendant appears not to have much weighted to the degree of the type of force used by the victim in the course of rape; and (d) the degree of damage caused by the crime of bodily injury and damage to property does not focus on the degree of damage caused by the crime of assault and bodily injury

However, the crime of this case is not unfair because the defendant rapes the victim two times and uses violence. The nature of the crime is not good, it is not agreed with the victim or does not take measures to recover damage, and in light of various sentencing conditions in the arguments of this case, such as the defendant's age, sexual conduct, family relationship, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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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