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(영문) 대전고등법원 2020.05.15 2020노33
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable;

2. The lower court rendered a sentence against the Defendant by taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., given the following factors: (a) at latest at night, the nature of the crime of rape in this case committed at the Defendant’s home is not good; (b) the victim was physically shocked by the instant crime; and (c) the Defendant did not have any record of criminal punishment; and (d) the Defendant was sentenced by taking into account various sentencing conditions in the trial, such as the Defendant’s age, character

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Supreme Court Sentencing Committee, the judgment of the court below is not deemed to have exceeded the reasonable bounds of its discretion.

In addition, it is unreasonable to view that the defendant, while denying the crime in the trial process of the court below and being detained in the court after being detained in the court, is the time to commit the crime in the court below. It is reasonable to view that the defendant seriously reflects and leads to the defendant's criminal act. The victim still desires to punish the defendant, and considering all the factors surrounding the case's sentencing, the judgment of the court below is not significantly different from the judgment of the court below.

Therefore, the defendant's assertion is not accepted because the sentence of the court below is too unreasonable.

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

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