(영문) 서울고등법원 2015.10.23 2015노1840 | 리걸엔진

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(영문) 서울고등법원 2015.10.23 2015노1840

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing an act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused was under the influence of alcohol to discern things or make decisions.

B. The lower court’s sentencing (six years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the fact that the defendant was in a state of drinking alcohol at the time of the crime is recognized.

However, according to the evidence examined by the court below, the defendant, on the ground that he wanted to have a sexual intercourse by force, intruded the victim's residence, pushed the victim over the floor, and conduct as stated in the court below's decision, and attempted to commit rape, and the defendant, on the contrary, reported himself to 119 and transmitted it to the hospital.

Considering the circumstance leading up to the above crime, the means and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, and other circumstances revealed in the record, it cannot be deemed that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime.

This part of the grounds for appeal cannot be accepted.

B. The crime of rape in this case was committed on the assertion of unfair sentencing, and the defendant led to an attempted rape, and the defendant led to the confession of each crime, and the defendant did not have any record of committing a sexual crime.

However, the defendant, while intending to commit rape by intrusion upon the residence of the victim of rape, was injured, and continued to interfere with the work of several victims for a period of one year and six months.

The defendant does not receive any written statements from the victims.

These circumstances include the defendant's age, character and conduct, intelligence and environment, relationship between victims, motive, means and results of the crime, and circumstances after the crime.

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