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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.11.28 2013노2787
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable by comprehensively taking into account the following circumstances: (a) the defendant recognized the facts of the crime of this case; (b) the victim did not want the punishment of the defendant by agreement with the defendant; (c) the degree of assault was relatively minor; and (d) the defendant was already subject to a fine due to the same crime during the suspension period of execution due to the same kind of crime; (b) the crime of this case was committed during the suspension period; (c) the crime of this case was committed again during the suspension period; and (d) the nature of the crime of this case was not good; (d) the victim appears to have suffered significant mental and physical shock due to the crime of this case; and (e) the victim’s age, character, environment, family relationship; (e) the motive and consequence of the crime of this case; and (e) the recommended sentencing guidelines for the enactment of the Sentencing Committee.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no ground to appeal.

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