logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2021.01.21 2020노475
강간치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years and six months, etc.) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and repented in depth, and the defendant did not have any sexual crime.

The defendant paid a certain amount and agreed with the victim, and the victim does not want the punishment of the defendant.

During the operation of the defendant getting on and off the boat, it is also recognized that there is a situation that is not good for health by undergoing a high-quality operation on the wind of the accident.

It seems clear that the social relationship between the defendant and his family members seems to be clear, such as the birth of the defendant's wife.

However, the crime of this case was committed by the defendant, who caused the defendant to lose the awareness of the victim by the method of drinking the stroke m, which is a local mental medicine, and then sexual intercourse and injury to the victim. The crime of this case is highly likely to be bad and criticized.

The victim seems to have suffered a sense of sexual humiliation due to the crime of this case.

In addition, considering the Defendant’s age, sex, environment, relationship with victims, motive, means and consequence of the crime, various sentencing conditions and the scope of recommended punishment according to the sentencing guidelines as shown in the records of the instant case, including the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

arrow