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(영문) 대전고등법원 2016.09.09 2016노184
준강간
Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the punishment of the lower court, which sentenced three years to imprisonment for the facts constituting an offense in the lower judgment, is too heavy.

As the defendant asserts on the ground of appeal, the defendant committed the crime of this case in a contingent manner and made efforts to recover the victim's damage as well as to reflect in depth after committing the crime of this case, and the circumstance that there has been no particular criminal history so far has been punished has no standing position in favor of the defendant.

However, the crime of this case constitutes a serious crime that has a high level of punishment in society, and the victim, as well as the moment of committing the crime of this case, must have a considerable degree of suffering that he must live without hedging from shocking from shocking the crime of this case in the future, and did not use the defendant up to the trial. As such, the defendant did not have any intention to avoid criminal liability corresponding to it (the defendant, on the other hand, tried to use it for the recovery of damage as he did not receive a letter from the injured person when he did not receive it from the injured person).

10 million won was donated to a charity organization, and the defendant's position was sufficiently hedging, but such circumstances were made.

Therefore, the lower court’s punishment against the Defendant, which was set at the lower limit of the sentencing guidelines set by the Supreme Court sentencing committee, cannot be deemed as an element to offset the punishment against the Defendant. In addition, not only falls under the lower limit of the punishment under the law, but also is reasonable and acceptable. Unlike the Defendant’s assertion, the lower court’s punishment against the Defendant, which was set at the lower limit of the sentencing guidelines set by the Supreme Court sentencing committee, is unreasonable.

Therefore, the defendant's improper argument in sentencing cannot be accepted.

Therefore, 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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