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(영문) 대구고등법원 2015.07.09 2015노53
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes against the victim C, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant was in a state of drinking some alcohol at the time of committing each of the instant crimes against the victim C.

However, according to the evidence duly adopted and examined by the court below, the circumstances leading to each of the above crimes, the means and methods of the crime, and the defendant's attitude before and after the crime do not seem to have been in a state where the defendant lacks the ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant: (a) committed rape on two occasions with a deadly weapon by carrying the victim C, and (b) inflicted injury on the said victim; and (c) taken the process of the above rape against the victim’s will.

The defendant's crime is a very serious crime by itself, and the victim seems to have suffered considerable physical and mental pain due to the above crime.

Before committing the instant crime, there are circumstances such as: (a) the Defendant did not have any history of criminal punishment or sexual crime except for those who were subject to a relatively minor fine four times due to violent crimes, etc.; and (b) the Defendant’s perception that his mistake was pened in depth; and (c) the victim C expressed his intent not to have the Defendant punished.

However, the above circumstances and the sentence imposed by the court below can be selected within the scope of the applicable sentences under law.

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