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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.12.22 2016노3006
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

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 the defendant who intrudes on the F's residence, rapes the victim D with mental disability, steals money and valuables owned by the victim I, and the nature of the crime is not good. The crime of this case is committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities). The defendant informed the victim D of considerable mental suffering and pains, and the defendant did not agree with the victims up to the trial, and the defendant did not agree with the victims, taking into account the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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