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(영문) 서울고등법원 2017.02.09 2016노3564
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment of the defendant is divided into his mistake, and that the defendant does not want the punishment of the defendant by agreement with the victim.

However, the crime of this case was committed by the defendant who attempted to rape a victim of her friendly appearance, and the nature of the crime is not good. The crime of this case showed considerable mental suffering and pain to the victim due to the crime of this case, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the circumstance after the crime is after the crime, the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

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

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