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(영문) 서울고등법원 2016.03.25 2015노3686
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

(c)

There are special circumstances to exempt the accused from disclosure disclosure disclosure disclosure order.

Even if it is not so, the period of disclosure notification order ordered by the court below is too long and unfair.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the fact that the defendant was in a drinking condition at the time of each of the crimes in this case is recognized.

However, in light of various circumstances, such as the background, means, and the defendant’s conduct before and after the commission of each of the crimes of this case, which are acknowledged by evidence duly adopted and examined by the court below, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful assertion of sentencing, the fact that the Defendant made a confession of all of the crimes of this case and repented of his mistake is favorable to the Defendant, and that the said victim did not wish to punish the Defendant, and that the Defendant did not have any record of punishment for sexual assault crimes.

Each of the crimes of this case committed by the defendant unilaterally forced the victim E to communicate or meet with the victim, and the victim continued to refuse to meet with the defendant, which led the victim to commit a crime such as obstruction of business, assault, damage, etc., and then rape and confinement of the victim with a deadly weapon after inducing the victim to his own house, and in light of the motive, method, frequency, degree of damage, etc. of the crime, the crime and the crime committed is very heavy, and the victim was sexual humiliation upon receiving considerable mental impulse due to the instant case.

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