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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2013.08.29 2013노293
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime.

B. The sentence imposed by the lower court on the Defendant (one hundred and sixty years of imprisonment, 160 hours of order, 10 years of disclosure and notification, and confiscation) is too unreasonable.

2. Determination

A. According to the evidence on the assertion of mental and physical disorder, even though the defendant was found to have dice at the time of the crime of special robbery, the defendant had no ability to discern things or make decisions under the influence of alcohol at the time of the crime, in light of the circumstances before and after the crime, and the fact that the defendant threatened the employee who had worked in the store by taking the knife, and that he had the knife and contributed to the employee.

Therefore, the defendant's above assertion is without merit, since it cannot be seen as having reached a state of or weakness.

B. The Defendant’s judgment on the assertion of unfair sentencing does not have favorable conditions to the Defendant, such as the fact that all the facts constituting an offense are recognized and the mistake is divided, and the amount of the goods taken by force is not significant in the case of a crime of special robbery.

However, the crime of rape of this case was committed by the defendant with a deadly weapon to threaten the victim C, rape several times, and in the last rape crime, not only is the very good quality of the crime, such as when the victim’s humf is deadly committed, but also the victim was injured. The defendant committed a special robbery, fraud, and intimidation as well as rape from May 2008 to January 2013, and the victim was not recovered from the victim’s injury to the victim’s death, fraud, and special robbery. The defendant again committed the crime of this case even though he had been sentenced to imprisonment with prison labor due to age, character and conduct, environment, relationship with the victims, motive, means, consequence, result, and the circumstances after the crime.

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