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(영문) 대전고등법원 2019.06.14 2019노87
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal both withdrawn the assertion of mistake of facts.

The punishment of the court below (three years and six months of imprisonment) is too unreasonable.

2. The Defendant: (a) suspected that the victim, who has maintained internal relations, committed several assaults after having gathered the victim into the telecom and detained him/her on several occasions; (b) thereby, the victim suffered bodily injury, such as causing a serious hole in his/her body location.

The nature of the crime is not very good for the defendant to find the victim's house, and to find the victim's selve with her mother, rape, etc.

It seems that the victim continued not only physical but also mental impulses due to the defendant's assault, but also the defendant found his house to feel uneasy and fears due to ombudsman's fears, and the victim got back to the defendant due to his own mind.

The victims are victims of sexual assault but have received a considerable sense of sexual humiliation and mental impulse.

The victim does not fit the defendant.

Considering these circumstances, it is not possible to ask the accused with severe criminal responsibility.

In the past, the defendant shows his attitude to repent and reflect his mistake.

Since 2002, the defendant seems to have been living in good faith without committing a crime.

The video taken by the defendant was not leaked.

The sentence of the lower court, which is determined by taking into account all the sentencing conditions shown in the arguments, such as the Defendant’s age, character and conduct, environment, family relationship, criminal records, criminal records, circumstances after the crime was committed, and results in the above favorable circumstances and unfavorable circumstances, is too unreasonable.

Defendant’s assertion is not accepted.

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

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