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(영문) 부산고등법원 2014.04.16 2013노670
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of three years, a stay of execution of four years, a community service for 120 hours and a lecture for sexual assault treatment of 40 hours) of the lower court is too unreasonable;

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case, and the mistake is divided, the defendant does not want the punishment of the defendant by mutual consent with the victim, and the defendant does not have any criminal records.

However, the crime of this case was committed by the Defendant, who is a minor, committed an act of undiscrimination against the victim's face, etc., leading him/her to suppress the victim's resistance, and it is not very good that the crime of this case was committed by rape. The victim was faced with his/her body including face, and the victim's emotional impulse seems to be reasonable. Although the Defendant complained of excessive social service and lecture attendance order ordered by the court below. However, considering the Defendant's age, occupation, economic situation, etc., it seems that social service and lecture order can be sufficiently performed if he/she uses holidays, etc. for a four-year grace period, considering the Defendant's age, character and behavior, environment, motive and means of crime, circumstance after crime, etc., and the result of the application of sentencing guidelines of the Sentencing Committee by the Sentencing Committee, considering the circumstances of the Defendant, it cannot be deemed that the punishment determined by the court below is too inappropriate.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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