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(영문) 서울고등법원 2014.07.17 2014노1360
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment for a maximum term, one year and six months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

There are circumstances that can be considered in light of the circumstances, such as the fact that the defendant has a mental disorder such as lack of caution as a juvenile under 17 years of age, all of his criminal acts are recognized, the defendant has a deep depth of the error, and the defendant has no record of criminal punishment in addition to the suspension of indictment due to larceny.

However, the crime of this case is committed in consideration of the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as well as other various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., it does not seem that the court below's punishment against the defendant is unreasonable or too heavy or unfasible.

Each argument of unfair sentencing by the defendant and prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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