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(영문) 서울고등법원 2012.11.30 2012노3084
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the appeal is that the lower court’s punishment is too unreasonable.

2. In full view of the following: (a) the crime of this case, which committed the crime of this case against one’s friendship, was committed by the Defendant by rape, and by itself, the nature of the crime and the crime itself are very poor, and the possibility of criticism is high; (b) the victim seems to have undergone an unsatisfy mental shock that makes it difficult for the victim to undergo a lifelong cleaning; and (c) the Defendant’s history of criminal punishment up to 35 times, considering the circumstances that the Defendant

Even if the 6-year sentence imposed by the court below is too unreasonable, it is not recognized that the sentence is too unreasonable.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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