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(영문) 광주고등법원 2014.09.04 2014노238
강간치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the Defendant led to the confession and reflect of the instant crime; (b) appears to have committed the said crime somewhat contingent; (c) there was no history of punishment for the same kind of crime; and (d) the victim agreed in the original judgment only with the victim; and (c) the victim appeared in the trial as a witness and appealed against the Defendant again.

On the other hand, the crime of this case was committed by abusing the victim's trust during which the defendant had not been able to engage in rape and causing four-way injuries, and the crime of this case was committed in that the victim did not have a fluence despite the victim's appeal for the above injury, and eventually, the crime of this case was not committed in a fluence and has a high possibility of criticism.

Due to the above crime, the victim was suffering from considerable mental impulse and pain.

Furthermore, the instant crime committed by the Defendant is an indecent act by force against others.

It is under the period of probation of imprisonment sentenced to the crime of injury, etc.

These points are disadvantageous to the defendant.

In full view of the aforementioned grounds for sentencing, various circumstances revealed in the arguments in this case, such as the Defendant’s age, character and conduct, family relation, environment, background and degree of crime, and the circumstances after the commission of the crime, and the lower court’s sentence of the recommended type of punishment (two to five years of imprisonment) as determined by the Supreme Court’s Sentencing Committee, it does not seem that the lower court’s sentence is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. The appeal by the defendant and the prosecutor in conclusion 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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