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(영문) 서울고등법원 2013.04.25 2013노773
강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The crime of this case, which committed the crime of this case, was committed with a juvenile who was first known to the defendant, and tried to rape the victim under the influence of alcohol after drinking alcohol, and the victim was injured during the course of the crime, and the crime was very heavy.

However, when the defendant was in a trial, the defendant's mistake was divided in depth, and the rape itself took place, and agreed with the victim and the parents of the victim. The victim's parents expressed the victim's desire to cut down to the maximum extent so that the defendant can become a healthy society through the victim's public defender, and there is no criminal conviction against the defendant, and there is no other criminal conviction against the defendant. Other conditions of various sentencing, such as the defendant's age, character and behavior, environment, family environment, motive and circumstance of the crime, and the situation before and after the crime, etc., and the sentencing guidelines for sexual crimes within the scope of sentencing guidelines "a mitigated range" (where the result of injury was caused to -13 years of age or older, the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's child and victim's victim's victim's victim's victim's victim.

Among the criteria for the suspended sentence of the sentencing guidelines for sex crimes based on the suspended sentence, the term “major reasons” constitutes positive reasons such as “in the event that the result of injury was caused, but the basic crime was committed in attempted crimes,” “in the absence of criminal records above the previous one and the suspended sentence,” “contincing the social relation clearly,” and “influcence of the suspended sentence,” and there are no adverse reasons.

In full view of the above, the lower court’s judgment.

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