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(영문) 서울고등법원 (춘천) 2017.07.26 2017노54
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months) on the gist of the grounds of appeal is too unreasonable.

2. It is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court’s determination on the unfair argument of sentencing if there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, and to refrain from imposing a sentence without any difference between the first instance court and the second instance court solely on the ground that the sentence of sentencing of the first instance falls within the reasonable scope of discretion, although the first instance court’s opinion is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, the lower court’s determination that the sentence of the instant crime, which committed rape and coercion against the victim suffering from mental illness, is not very good, and the crime of the instant crime, which committed rape and coercion with the victim suffering from mental disorder, is deemed to have suffered a considerable sense of sexual humiliation due to the instant crime, and thus, it cannot be deemed that the lower court’s sentencing to the least three year minimum range of sentencing.

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.

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