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(영문) 대구고등법원 2014.04.03 2013노605
강간상해등
Text

Defendant

In addition, all appeals filed by the person whose attachment order is requested and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the punishment (two years of imprisonment and twenty years of attachment order) imposed by the court below on the accused and the respondent for the attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

In the part of the defendant's case (with respect to the assertion of unreasonable sentencing by the defendant and the prosecutor), the rape, injury and rape of this case are crimes against the aged juveniles, and the nature of the crime is very poor (in particular, in the case of the crime of rape and injury, the crime was committed against the aged juveniles at the convenience store of the married children at night). Accordingly, the victims seem to have suffered a serious mental or physical pain, and the defendant failed to receive a letter from the victims of the crime of the above victims and the indecent act by compulsion (in the case of partial victim's mother, submission of a letter of request for severe punishment by the defendant was made), and considering the fact that the defendant had the history of multiple injuries and property damage and again committed the crime of the injury and property damage of this case, it is inevitable to pronounce a severe sentence against the defendant.

On the other hand, there is a favorable condition for the defendant, such as the confession of all of the crimes of this case when the defendant was in a trial, against his mistake, and the defendant has no record of being sentenced to a suspended sentence or more.

As can be seen, considering the overall comparison and balancing of the sentencing factors, which are heavier than the Defendant’s liability, and the sentencing factors that can be considered in light of the character, home environment, motive and background of the Defendant, the method and consequence of the crime, etc., as well as the various sentencing factors indicated in the records of this case, such as the circumstances before and after the crime, and the scope of the punishment of each of the crimes of this case, the sentence imposed by the lower court against the Defendant is deemed adequate, too heavy or unreasonable.

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