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(영문) 서울고등법원 2019.01.24 2018노3034
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. The judgment of the defendant is recognized as the fact that the defendant repents and reflects his mistake, the victim J of the thief crime of this case and AA do not want the punishment of the defendant, and the damage of the victim O of the thief crime of this case was recovered.

However, even though the defendant had been punished several times for the crime of fraud, theft, etc., he again committed the crime of this case during the period of repeated crime. The crime of this case is committed by the defendant again during the period of repeated crime. The defendant rapes the victim D with an exemption from psychotropic drugs, forcibly uses a credit card 20 times after taking the victim D's credit card into force, by taking advantage of the victim D's strong credit card, and by taking advantage of the victim's residence, steals property or pecuniary profits, and attempted to steals property from the victim L,O, T, and Y corporation, by taking advantage of the victim's property profits, it is limited to the attempted crime, and the crime is not good. The defendant received or did not reach an agreement from the other victims such as the victim D's age, character and behavior, environment, motive, means and consequence of the crime, and the scope of punishment by the Sentencing sentencing committee according to the sentencing guidelines of the Korea Sentencing Commission after the crime, the above argument by the court below is without merit.

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

However, from May 17, 2018, the term "Article 4 (1) 1" in the 7th 5th 6th 7th 5 and 6th 6th 6th 7th 5th 7th 7th 7th 7th 7th 7th 201st 7th 7th 7th 2010 of the list of crimes in the judgment of the court below is "(00:10th 17th 2018)."

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