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(영문) 서울고등법원 2014.02.06 2013노3101
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 2 years and 6 months, completion of sexual assault treatment programs 40 hours, and disclosure of information for 4 years) is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant recognized the crime of this case, committed a mistake, the defendant appears to have committed the crime of this case in a contingent manner, the rape committed by the defendant was committed in the same way, the defendant did not have any record of criminal punishment previously committed, the defendant deposited a total of KRW 10 million for the victim two times in the first instance, and the defendant's family and relatives want to lead the defendant, and the defendant's wife and relatives want to leave the defendant's wife.

However, the crime of this case is a case where the defendant tried to commit rape in the course of his night by driving away the victim who was mixed with the victim, and the victim suffered bodily injury that requires approximately two weeks of medical treatment. In light of the details of the crime and the method of the crime, it seems that the crime of this case was very serious in light of the crime. The fear, physical, and mental shock of the victim at the time of the crime of this case, and the victim did not receive a letter from the victim up to the trial, and the victim did not agree with the victim, the victim submitted a written application to request that the victim be punished by severe punishment. The statutory punishment for the crime of this case is imprisonment with prison labor for life or for more than five years, and the imprisonment with prison labor for two years and six months, which was sentenced by the court below, is the most severe punishment by selecting the above statutory punishment and reducing the amount of punishment, and the defendant deposited money for the purpose of the crime of this case, the circumstances and circumstances of the crime of this case appear to be adequate.

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