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(영문) 서울고등법원 2020.01.17 2019노2505
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. The judgment of the court below's "decision of sentence" includes the defendant's age, character, environment, relationship with the victim, motive and means of the crime, result of the crime, and the sentencing guidelines determined by the Sentencing Committee under Article 51 of the Criminal Act and the sentencing guidelines determined by the Sentencing Committee, in full view of the following factors: (a) the defendant indirectly expressed that the defendant committed a sexual crime against the victim who had been sentenced to a fine prior to the crime of injury; (b) the defendant committed a sexual crime against the victim first, in the stairs of the building; (c) the victim suffered a big physical or mental suffering from the crime of this case; (d) the victim suffered a big physical or mental suffering from the crime of this case; (e) the victim's age, character, environment; (e) the victim's relationship with the crime of this case; (e) the victim's motive and means of the crime; and (e) the sentencing conditions and the sentencing guidelines determined by the Supreme Court after the crime.

Furthermore, it is reasonable to respect the sentencing of the lower court in that this court cannot find any change in circumstances in the sentencing conditions.

The defendant's ground of appeal is without merit.

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

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