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(영문) 서울고등법원 2016.10.21 2016노2263
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., e., g., e., e.,

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant refused to engage in sexual intercourse and rapes against the victim, and the nature of the crime is bad, and the victim appears to have suffered considerable mental impulses due to the crime of this case.

The circumstances favorable to the defendant include: (a) the defendant recognized the crime of this case; (b) the court below agreed with the victim by paying a considerable amount of money to the victim; and (c) the defendant paid additional money to recover from damage in the trial; (d) the victim submitted a written application to the defendant that the defendant was going to the defendant's wife; and (e) the defendant did not have any history of criminal punishment.

In light of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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