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(영문) 서울고등법원 2018.05.31 2018노641
강간미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of four and a half years, and the completion of a sexual assault treatment program80 hours) is too unreasonable and the decision of the court below is unreasonable.

2. According to the Defendant’s medical certificate submitted by the appellate court as sentencing data, the Defendant had a disease, such as “Macambling,” etc. from around 2009.

However, this degree of advanced diseases, etc. are only considered in the sentencing execution agency in the course of the defendant's life in prison, and unlike this, the appellate court's decision should not be considered as the sentencing factor that should be considered when determining the sentence against the defendant.

In addition, the new sentencing data is not submitted, and there is no particular change in the sentencing conditions of the appellate court compared to those of the lower court.

Taking into account all the sentencing factors revealed in the public trial of this case, the lower court’s punishment is too heavy to the extent that it exceeds the reasonable discretion of the court.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit, and it is so dismissed as per Disposition.

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