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(영문) 서울고등법원 (춘천) 2015.04.22 2015노23
강간치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence (three years of imprisonment) of the lower court is too unreasonable.

The sentence imposed by the court below on the public prosecutor is too unhued and unreasonable.

Judgment

As seen in light of various sentencing conditions indicated in the records, such as the Defendant’s confession of a crime, and the fact that there was no criminal record for the same kind of crime and the fact that the victim was led the victim who was frighten in a nearby parking lot to suppress and rape his resistance, the nature and circumstances of the crime are very poor, and that the victim did not agree with the victim up to now and did not take any particular measures to recover damage, etc., and other unfavorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be said that the lower court’s punishment is too heavy or unfrighted so that it is difficult to escape from destruction.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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