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(영문) 서울고등법원 2014.07.11 2014노1167
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disability is a crime in the state of mental and physical disability by having the defendant in a state where the defendant has been in a state where the two congested drugs.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the court below also asserted that the defendant had the same purport as the above reasons for appeal, and the court below rejected the defendant's claim on the ground that the defendant did not seem to have weak ability or ability to make decision by taking into account the circumstances such as the background, means and method of the crime of this case recognized by the evidence adopted and investigated by the court below, the defendant's behavior before and after the crime of this case, and the defendant's behavior in detail at the police and the prosecutor's office, etc., and stated in detail the process of the crime of this case.

Examining the judgment of the court below closely with the evidence, it is just and acceptable, and there is no error in the misapprehension of law.

(In particular, it is difficult to deem that the Defendant was in a state of mental disability at the time of committing the crime, as well as the situation at the time of and after the commission of the crime, as well as the progress before and after the commission of the crime. The evidence records 28-30 pages, 134-135 pages). Accordingly, the Defendant’s assertion of mental

B. As to the assertion on unfair sentencing, the Defendant’s primary crime without any previous conviction and all of the crimes are recognized, and is against depth, the victim is not subject to punishment for the Defendant, and the majority of the Defendant’s figures submitted a written application for the correction of unfair sentencing.

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