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(영문) 광주고등법원 (전주) 2019.05.21 2019노38
강간
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.

Judgment

The fact that the defendant both recognizes and reflects his own crime, and that there are only criminal records of fines due to the violation of the Road Traffic Act, the theft and the Electronic Financial Transactions Act, etc. are favorable to the defendant.

On the other hand, even though the victim clearly expressed his intention to refuse, the defendant has prevented the victim's resistance and led to the crime of this case, the defendant trusted his/her own and consulted about the male-child relationship, and the victim seems to have suffered a considerable physical or mental suffering due to the crime of this case, and the victim wanted to take a severe punishment against the defendant, etc. are disadvantageous to the defendant.

As above, comprehensively taking account of the sentencing circumstances, including the circumstances favorable to the defendant, and other factors, such as the defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, etc., as well as the sentencing conditions as stipulated in Article 51 of the Criminal Act, which are revealed in the arguments and records, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable to the extent that the sentence imposed by the defendant

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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