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(영문) 서울고등법원 2013.06.07 2013노1235
강간상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, such as the following: (a) the victim was under influence of alcohol in a singing room; (b) the Defendant attempted to sleep and rape the singing door by using the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized, the fact that it seems that the defendant was guilty, the fact that the crime of rape was committed, the degree of injury of the victim was not much serious, the fact that the defendant agreed with the victim in the course of the original trial, the fact that the defendant did not have any previous conviction than the fine, and the present home company is working and making efforts to lead a life in good faith.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of crime, etc., various conditions of sentencing, the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, and the criteria for sentencing of sex crime [general rape] according to the criteria for sentencing of the Sentencing Commission of the Supreme Court where the result of bodily injury occurred, and the criteria for sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the 3 years or older (general rape of the Sentencing of the Sentencing of the Sentencing of the Sentencing of the 【the scope of recommendations] where the result of the bodily injury occurred, but the basic crime was committed in attempted crimes [the scope of suspended sentence] 2 years and 6 years in the area of mitigation

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