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(영문) 서울고등법원 (춘천) 2014.02.05 2013노205
강간상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in the state of having no or weak ability to discern things or make decisions.

B. The sentence imposed by the lower court (one year of imprisonment, 6 hours of order, 80 hours of order, disclosure and notification order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances such as the background, means, and circumstances after the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of this case on the assertion of unfair sentencing is a serious breach of the nature of the crime, and the victim appears to have received a considerable amount of mental or physical shock, in view of the fact that the Defendant, by rapeing the victims of old age for four weeks, inflicted an injury on the victim, such as cage cage cages, etc.

However, in light of the following: (a) the Defendant has no history of criminal punishment except for a punishment of a fine imposed once more than twenty (20) years of violence; (b) the Defendant has not been subject to criminal punishment by mutual consent with the victim; (c) the Defendant has not been subject to criminal punishment; (d) the Defendant in depth divided the crime of this case into the crime of this case; and (e) the Defendant reflects the wrongness by taking into account all the sentencing conditions of the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

3. Accordingly, the defendant's appeal on the defendant's argument of unfair sentencing is justified.

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