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(영문) 서울고등법원 2013.12.13 2013노3056
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant was found to have committed a crime of rape when he was under the influence of alcohol in the alcohol house operated by the Defendant; (b) the Defendant’s dancing with the victim who was frightened in the ordinary school while drunkly under the influence of alcohol; (c) the crime of rape was committed; (d) the degree of injury suffered by the victim was not significantly excessive; and (e) the Defendant did not have any criminal record related to sexual assault.

On the other hand, the crime of this case is a case in which the defendant was sentenced to imprisonment with prison labor for robbery in 2003 and was sentenced to imprisonment with prison labor for three years and six months in 2003. Thus, the crime of this case is a case in which the victim was raped with the victim while drinking alcohol together with the victim who was under drinking alcohol, and the quality of the crime was poor in light of the motive and method of the crime, and the crime was committed in this case. The victim suffered a large mental suffering as well as physical and mental suffering, and the victim wanted to punish the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., and the sentencing guidelines of the sentencing guidelines of the Sentencing Commission of the Supreme Court in the case where the result of an injury occurred, the defendant's assertion of unfair sentencing is difficult to accept, on the basis of the following: (a) type 2 (general rape) [the scope of recommending punishment] mitigation factors; (b) in the case where the result of an injury occurred; (c) basic crime is attempted (the scope of recommending punishment); (d) mitigation area; (d) 2 years and 6 months-5 (the lowest limit of applicable punishment under law) of the defendant's punishment is too excessive and unreasonable.

3. Conclusion, the defendant.

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