(영문) 부산고등법원 2013.10.30 2013노378 | 리걸엔진

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줄 간격

자간(%)

(영문) 부산고등법원 2013.10.30 2013노378

강간상해

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the Defendant guilty of injury, which is the ancillary charge of this case, and found the Defendant not guilty of rape injury, which is the primary charge of this case.

In this regard, since only the defendant appealed against the guilty part of the judgment of the court below and the prosecutor did not appeal against the acquittal part of the reasons, the acquittal part is also judged by the principle of no appeal, but the part is already judged to be out of the object of the attack and defense between the parties, and it is now decided to be out of the object of the trial.

Therefore, the judgment of the court below should be based on the conclusion of the judgment of the court below, and the reasons for the judgment are not stated separately.

2. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, and the community service order of forty hours) is too unreasonable.

3. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake is divided and reflected; (b) the crime of this case appears to have occurred contingent; and (c) the victim does not want the punishment of the defendant under an agreement with the victim, etc.

However, in full view of the various sentencing conditions as shown in the instant argument, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., the punishment imposed by the court below is too unreasonable, on the ground that the crime of this case was committed by a female victim's face, and the nature of the crime is not less than that of the victim, the victim seems to have undergone surgery, and the defendant's history of criminal punishment is 15 times or more, and the defendant has been punished as the crime of assault or bodily injury among them, and there is no other reason to believe that the defendant's argument of unfair sentencing is unfair.

4. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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