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(영문) 서울고등법원 2015.09.17 2015노1553
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The Defendant, who recognized the instant crime, runs against the Defendant.

The defendant has no record of being sentenced to a suspended sentence or heavier punishment for a sexual crime.

However, the crime of this case is a bad and bad to commit the crime of this case by assaulting the victim on the ground that the victim who promised to engage in sexual intercourse refuses to engage in sexual intercourse, inducing resistances, and sexual intercourse through the victim's sound and resistance.

With regard to the instant crime, the victim seems to have suffered considerable mental impulse and sexual humiliation.

The defendant was unable to receive suspicion from the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., all the sentencing conditions as shown in the instant pleadings, the lower limit of the statutory applicable sentences is one year and six months, and the scope of the sentencing guidelines for the enactment of the Supreme Court sentencing guidelines, etc., it cannot be said that the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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