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(영문) 서울고등법원 2012.12.07 2012노3204
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case was committed on the basis of the following facts: (a) not only is the case in which the defendant tried to rape a victim who is on the part of the defendant at the time of the defendant's attendance, but also is very poor in its nature, but also is highly dangerous by having an interview with the several methods and the form of crime; (b) although the crime of rape was committed in an attempted crime, the type of the defendant's use and the degree of indecent act do not seem to be somewhat weak; and (c) the victim seems to have suffered a very large mental shock together with physical pain; and (d) the victim is the first offender and the circumstances agreed with the victim are also considered in light of the circumstances agreed with the victim.

Even if the court below's sentence of 2 years and 6 months is too unreasonable, it is not recognized that the sentence is too unreasonable.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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