logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2015.04.08 2015노3
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's imprisonment (eight years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. The judgment is against the defendant, there is no criminal record of the same kind of crime, there is no criminal record of a punishment heavier than a suspended sentence, and the rape is committed in relation to an attempted crime, which is favorable to the defendant.

On the other hand, the victim is the parent-child of the defendant with intellectual disability, and there are unfavorable circumstances, such as the importance of the crime and the poor quality of the crime, and the fact that the victim seems to have suffered a big mental damage due to the crime of this case.

In full view of the aforementioned circumstances and other factors, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court cannot be deemed as being too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow