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(영문) 서울고등법원 (춘천) 2018.08.22 2018노76
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (in so determining, each assault, bodily injury, rape, two years of imprisonment for each crime of fraud, and a fine of 500,000 won for each crime of embezzlement) is too unreasonable.

2. The fact that the judgment is only one-time fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), and that the judgment of rape, etc. should be judged simultaneously with the case of fraud, etc. in which the judgment becomes final and conclusive.

However, on November 8, 2016, the Defendant assaulted the Victim G, who reported a marriage on November 8, 2016, without any particular reason, and inflicted an injury and rape.

The above G is a disabled person suffering from a rare disease called a maternal disease, and is a victim vulnerable to the crime, and has suffered a large physical and mental suffering due to the defendant's crime.

As long as the defendant has become an adult, he/she has been punished only once by a fine, but there are many records of being treated as a juvenile protection case.

It was not agreed with the victims, the damage was not recovered, and there was no circumstance that the defendant made efforts to recover the damage.

In view of the attitude of the defendant who participated in the investigation and the judgment of the court below, it does not seem that the defendant has committed his crime, or that he had the mind to commit the crime in the truth of the victim G.

In addition, the court below's punishment against the defendant is too unreasonable in light of the following circumstances: the defendant's age, sexual conduct, environment, relationship with victims, motive, means and consequence of the crime, etc., and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual conduct, relationship with victims, motive, means and consequence of the crime, etc., there is no change in circumstances that may otherwise determine punishment (the defendant denied the charges of partial violence, bodily injury, and rape at the court below, but it cannot be viewed as changes in circumstances that could otherwise determine punishment).

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