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(영문) 서울고등법원 2016.10.27 2016노2006
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case is committed by rape and injury of a victim who was under the control of the defendant, and the nature of the crime is not good. The crime of this case reveals considerable mental suffering and pain to the victim due to the crime of this case, the defendant did not agree with the victim up to the trial. In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case such as the defendant's age, character and conduct, environment, motive, means and consequence after the crime, the sentence of the court below is too unreasonable. Thus, the defendant's above assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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