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(영문) 대전고등법원 2014.04.11 2014노52
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion of unfair sentencing, the defendant recognized the crime of this case, against the mistake, agreed with the victim G, and the fact that the defendant deposited certain money for the victim E is favorable to the defendant.

However, the crime of this case committed several times, which is a female with weak defense capability, and committed rape after suppressing resistance at the time of the victim G's scam, and the crime of this case is very poor, and the victims seem to have suffered huge physical and mental pain.

Moreover, on December 27, 2007, the Defendant was sentenced to imprisonment for three years and six months for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) on January 3, 201, and was issued a summary order of KRW 1 million for the crime of bodily injury on February 18, 2013 after the execution of the sentence was completed. On October 2, 2013, the Defendant was sentenced to a fine of KRW 2 million for the crime of bodily injury and was sentenced to a fine of KRW 2 million for the crime of bodily injury on October 2, 2013.

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