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(영문) 서울고등법원 2013.07.18 2013노1441
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., 4 years of imprisonment and 5 years of disclosure of information) of the lower court is too unreasonable.

2. The crime of this case was committed after the defendant induceds the victim who was singing in singing, assaulted the victim, blickly supported the victim, or sing down the victim, and raped by blring and threatening the victim's sound book. In light of the method of the crime and the content of the crime, the crime and the circumstances are very heavy in view of the crime. The victim was able to commit the crime and the crime. The victim was sing away from the singke, leaving the singke, leaving the singke, leaving the singke, and hiding the victim into the corridor. However, the defendant asserted that the victim sing out with money, and returned to the singke. In light of the fact that it appears that at the time that the victim was sing down, and that there seems to have been very little mental impulses, etc., the defendant was punished by imprisonment with prison labor for several acts of violence, etc., and that there was a need to dismiss the defendant's criminal punishment for rape and robbery of two years.

However, in light of the fact that the defendant was in the trial for the first time and against the defendant's mistake, the victim did not want the punishment of the defendant because he was agreed with the victim during the trial for the first time, the defendant submitted several rebuttals, and again, the family members of the defendant want not to refrain from committing the same crime as in the instant case, and the defendant's family members want to take the guidance of the defendant, and other sentencing conditions specified in the instant case, such as character and conduct, environment, the details and result of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable, and thus unfair.

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