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(영문) 대전고등법원 2015.11.06 2015노465
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The defendant's appeal is dismissed.

Reasons

Judgment on the Grounds for Appeal

A. As to the claim of mental or physical disability, in light of the circumstances indicated in the record, such as the background leading up to the crime of this case, the defendant's behavior at the time of the crime, the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to exploitation, etc. at the time of the crime of this case

in such a manner as to be deemed to have been or weak.

We cannot accept the argument that the defendant was suffering from mental disorder under the influence of alcohol at the time of committing the instant crime.

B. As to the assertion of unreasonable sentencing, the Defendant’s instant crime committed by intrusion upon the residence of an elderly victim and by carrying dangerous articles, and attempted to rape after intimidation the victim, and thus, the crime is not deemed to have been committed in light of the applicable law of the crime.

Although the victim appears to have suffered considerable mental impulse due to the crime of this case, no action was taken to recover from damage.

Since the punishment prescribed by the Act concerning the crime of a criminal defendant is an imprisonment with prison labor for life or for not less than five years, the punishment imposed by the court below (two years and six months of imprisonment) constitutes the lowest punishment within the scope of the punishment imposed on the criminal defendant on the ground that the criminal defendant committed an attempted crime was committed.

In light of such circumstances, considering various sentencing conditions as the Defendant’s age and character and conduct, even if considering the circumstances favorable to the Defendant (the crime of this case was committed and the Defendant did not have any record of punishment for sexual assault crimes) that the lower court rendered, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

The judgment of the court below shall not be deemed to have an unreasonable reason for the amount of punishment, as alleged in the grounds for appeal by the defendant or defense counsel.

Therefore, the defendant's appeal is without merit and it is not reasonable to do so under Article 364 (4) of the Criminal Procedure Act.

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