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(영문) 서울고등법원 2016.01.28 2015노3221
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant is both aware of and against all of his criminal acts.

The defendant has no history of criminal punishment.

The crime of rape itself was about attempted.

However, the crime of this case is likely to considerably impede the safety of our society as a whole, the credibility of public order and security, and to create social anxiety, in that the defendant's act could be an unspecified woman, because he could lead the damaged person of the site to the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of

The victim, due to the instant crime, was suffering from a considerable sense of sexual humiliation and fear, and was under serious mental suffering due to the instant crime, such as depression, emotional instability, etc.

Damage victims want to be punished by the defendant.

In addition, comprehensively taking account of all the sentencing conditions, such as the Defendant’s age, sex, environment, etc., the lower limit of the applicable sentencing standard, the circumstances in which the lower limit of the applicable sentencing standard is two and half years, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, etc., the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That the victim at the time of the instant case is 19 years of age and is not a child or juvenile, and thus, the main text of Article 21(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc. of Juveniles against Sexual Abuse, “the text of Article 21(2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse” in the part of the “1. Public disclosure order and exemption of notice order” shall be deemed “Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.”

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