(영문) 서울고등법원 2014.01.23 2013노3591 | 리걸엔진

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(영문) 서울고등법원 2014.01.23 2013노3591

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the crime.

B. Considering that the Defendant’s assertion of unreasonable sentencing is divided into his mistake and the Defendant surrenders himself, the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental or physical disability or the records, even though the defendant was under the influence of alcohol at the time of committing the crime, it does not seem that the defendant was in the state of loss or lack of ability to discern things or make decisions in light of the circumstances of the crime, the method and content of the crime, the behavior and attitude of the defendant before and after the crime, etc.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the following factors: (a) the Defendant’s assertion of unfair sentencing is divided into and against his mistake; (b) the Defendant has no record of criminal punishment for the same kind of crime; (c) the circumstances favorable to the Defendant; (d) the Defendant intrudes the victim under the influence of alcohol with his/her residence; and (e) the Defendant’s act of committing the crime by suppressing resistance with a deadly weapon; and (e) the method and manner of committing the crime; (c) the victim appears to have suffered considerable mental shock; and (d) the victim is seeking the Defendant’s punishment; and (e) the Defendant’s age, character, character, environment, family relationship; (d) the motive and circumstance of the crime; (e) the method and consequence of the crime; and (e) the various conditions of sentencing indicated in the argument in the instant case including the circumstances after the crime; and (e) the statutory punishment of the crime of violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (special rape) cannot be deemed to be unfair because the sentence of the lower court is too unreasonable.

It is clear whether or not the defendant has voluntarily surrendered in the record.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

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