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(영문) 광주고등법원 (제주) 2019.09.25 2019노81
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was under the influence of alcohol at the time of each of the instant crimes, but the lower court erred by misapprehending his/her ability to discern things or make decisions.

In full view of the fact that the defendant recognized the crime of unfair sentencing, the defendant supports the elderly's father, and the defendant agreed with some victims, the court below's punishment (the imprisonment of five years, the order to complete sexual assault treatment programs for 80 hours, the ten-year employment restriction order) is too unreasonable.

Judgment

In light of the circumstances acknowledged by the evidence duly examined and adopted by the court below as to the claim of mental disability, the defendant does not seem to have had the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes in this case. Thus, this part of the defendant's assertion is without merit.

Each of the instant crimes on the assertion of unfair sentencing is an act of inflicting bodily injury on the victim J, K, and L on the ground that each of the instant crimes committed during the course of rape with female victims D, a juvenile who the Defendant had been aware of in the ordinary sense, but the victim tried to commit an attempted rape, but the victim resisted to resist, and the convenience store resisted against the gathering of goods on the account of the victim’s resistance. It is very poor in light of the content and method of the relevant crime.

The defendant's attempted rape crime of this case shows that the victim D appears to have suffered physical and mental shocks and pain that could not easily recover from sexual humiliations and to have been easily cured, and other victims were also suffering from considerable pain.

Furthermore, the defendant was sentenced to four years of imprisonment for robbery in 2013, and committed each of the crimes in this case within the repeated crime period.

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