(영문) 서울고등법원 2013.03.28 2013노296 | 리걸엔진

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(영문) 서울고등법원 2013.03.28 2013노296

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of the Defendant at the time of committing the crime, the Defendant was in a state of mental disability.

B. In light of the fact that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the Defendant’s power, etc., the lower court’s imprisonment (eight years of imprisonment) is too unreasonable.

2. Determination

A. According to the record, it is not deemed that the defendant was under the influence of alcohol at the time of the crime, but the defendant lacks the ability to discern things or make decisions in light of the circumstances of the crime, the method and content of the crime, the behavior and attitude of the defendant before and after the crime, etc.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, method of the crime, outcome of the crime, etc., as well as the recommended sentencing guidelines set forth in the sentencing guidelines of the Supreme Court, the lower court’s sentence is too unreasonable, considering the following factors: (a) the Defendant has sexual intercourse with his or her wife to resolve his or her sexual desire; (b) the Defendant has considerable mental suffering due to the instant crime in light of the telephone call of the Defendant and the victim’s statement and the victim’s statement; and (c) the Defendant appears to have suffered considerable mental suffering from the instant crime; and (d) it appears that he or she will not undergo the future, including the Defendant’s age, character and behavior, environment, family relationship, method and consequence of the crime; and (e) the various conditions of sentencing set forth in the instant argument, including the circumstances after the crime, and the recommended sentencing guidelines set forth in the sentencing guidelines.

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

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

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