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(영문) 대전고등법원 2016.09.09 2016노204
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. Although the defendant alleged mental or physical disorder (mental or physical disorder caused by the main action) was unable to discern things or make decisions due to the main action at the time of committing the instant crime, the lower court erred by exceeding this and adversely affecting the conclusion of the judgment.

B. The lower court’s punishment (three years and six months of imprisonment) is too unreasonable.

Judgment

A. As to the assertion of mental disorder, the Defendant asserted to the same effect as the lower court.

In full view of the circumstances stated in its holding, the court below rejected the Defendant’s assertion on the ground that it is found that the Defendant was aware of drinking alcohol, but it does not seem to have reached a weak level of ability to discern things or make decisions at the time of committing the instant crime.

2) Examining the reasoning of the judgment below in comparison with the records, the judgment of the court below is just and acceptable. Contrary to the grounds of appeal by the defendant or defense counsel, the defendant or defense counsel erred and adversely affected the conclusion of the judgment.

subsection (b) of this section.

B. As to the unfair argument of sentencing, the court below did not receive a letter from the injured party until the trial is held, the sentence imposed by the court below is lower than the lower limit of the recommended sentence according to the sentencing guidelines, and the sentence imposed by the defendant is lower than the lower limit of the punishment imposed by the court below as well as the lower limit of the punishment that reduced the amount by taking into account the circumstances favorable to the defendant in regard to the crime of this case as set forth in the law, so long as the defendant's mental and physical disorder claim is rejected as seen above, there is no room for additional punishment by law, as long as the defendant's mental and physical disorder claim is rejected, and the circumstances revealed by the record are considered as being too heavy.

It does not appear.

The judgment of the court below is identical to the allegation by the defendant or defense counsel in the grounds for appeal.

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