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(영문) 서울고등법원 2013.05.10 2013노793
강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The crime of this case is a case where: (a) the victim, who was going through the course at night, was frightened in the vehicle and was frightened on the vehicle; (b) the victim was frightened in the site of drone construction; and (c) the victim was frighten in the course of the crime; and (d) the victim was frighten in light of the background and details of the crime; and (c) the degree of damage; and (d) the victim, who was a minor, suffered a huge physical or mental pain due to the crime of this case, is disadvantageous to

Although the defendant denies some of the crimes at the court below, it is advantageous to the defendant, such as the fact that the defendant denies some of the crimes in the court below, but the defendant recognized the error for nine months through confinement and reflects the depth of the victim's injury caused by the crime in this case, that the defendant did not have much much weight in the degree of injury of the victim caused by the crime in this case, that the defendant does not want the punishment of the defendant, that the defendant did not want the punishment of the defendant, that there was no criminal record more severe than the criminal record of the defendant, that there was no criminal record of the same kind, that the defendant supports the old parents and children due to negligence after divorce

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., various conditions of sentencing according to the sentencing guidelines of the Sentencing Commission, and the criteria for sentencing of sexual crimes [decision of types] according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, where the result of bodily injury has occurred, the injured or injured person who has been under 13 years of age or over shall be punished [general rape]. The factors for mitigation of punishment [the scope of recommendation] - 2 years and 6 years in the area of mitigation [the scope of punishment] - 5 years in the area of mitigation [the positive reasons for suspension of execution]: The reason for failure of punishment was not identical, and there was no criminal conviction or more than

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