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(영문) 광주고등법원 2019.10.17 2019노323
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant: The punishment sentenced by the court below on the grounds of unfair sentencing (five years of imprisonment) is too unreasonable.

2. The Defendant, at the male escape room of the soup room, attempted to rape the victim, who was reporting the urine at a female shower room, after the place where electric and hot water season was installed, instead of a passage, and went through a rupture, and went through a toilet in the female shower room, and thereby inflicted bodily injury on the victim.

The nature of crimes is not good in light of the content, method, and motive of crimes.

According to the crime of this case, the victim was faced with mental shock, and the victim was punished by the defendant.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against all of the crime of this case when it comes to the trial.

In the crime of this case, the part of rape was attempted.

The defendant has no history of criminal punishment.

Such circumstances are favorable to the defendant.

In addition, when comprehensively considering all the sentencing conditions as shown in the arguments of this case, including the fact that the court below sentenced the sentence to the lowest sentence, the defendant's age, character and conduct, environment, method of crime, circumstances after the crime, etc., and the scope of the recommended sentencing guidelines, the sentence imposed by the court below is considered as being conducted within the reasonable scope of discretion, and is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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