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서울고등법원 2017.08.29 2017노1380

준강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

The main point of the grounds for appeal is that the sentence (two years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

Judgment

The crime of this case was committed by the defendant with the victim who is a member of the same middle group, and the victim took a meeting with the victim who is a member of the same middle group, and had sexual intercourse with the victim under the influence of alcohol, and the crime was serious, and the fact that the victim seems to have suffered a significant mental suffering with a considerable sense of sexual shame, is disadvantageous to the defendant.

On the other hand, the fact that there is no criminal record against the defendant, and that the defendant was found to have committed the crime of this case late later, and that the victim did not want the punishment by agreement with the victim is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

【Grounds for the Judgment to be used again] Criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows: 【1. Part of the Defendant’s Court Statement” in the summary of the evidence of the judgment below to “1. The Defendant’s Court Statement” is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The Criminal Act for mitigation of quantity;