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(영문) 서울고등법원 2015.09.17 2015노1972
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for one year and six months, suspension of execution for two years, suspension of execution for 40 hours, and order of community service for 80 hours) of the lower court is too unreasonable.

2. The judgment of the defendant is deemed to have committed each of the crimes of this case in a contingent state with a mental and therapeutic medicine as a person with a disability in the fourth degree of brain disease. The degree of injury to the victim is not relatively severe, and the court below acknowledged the crime of causing property damage and bodily injury at the court below, leading to recognizing the crime of rape and recognized the crime of rape. There are circumstances that can be taken into account such as the defendant's criminal punishment exceeding a fine, no previous or previous criminal history, and the victim did not want the punishment for the defendant by agreement with the victim.

However, each of the crimes of this case is that the defendant damaged the cell phone of the victim, inflicted bodily injury on the victim, and rapes the victim in light of the contents of the crime, and thus, the nature of the crime is not weak, and the victim seems to have suffered considerable physical and mental pain. As such, the defendant needs to be held liable corresponding to the crime. Although the defendant could have suffered difficulties in physical activities due to cerebral diseases, etc., it is difficult to regard it as the degree that it cannot be performed at all regardless of the type of community service, and considering various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, motive and consequence of the crime, the means and consequence of the crime, etc., it is not recognized that the punishment of the court below is improper and too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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