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(영문) 서울고등법원 2015.10.08 2015노2011

강간상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A sexual assault therapy program against the defendant.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced to the defendant is too unreasonable.

Judgment

In light of the fact that each of the crimes of this case committed each of the crimes of this case without being aware of the fact that the defendant committed each of the crimes of this case without being aware of the fact that the defendant committed the crimes of this case without being aware of the fact that he committed the crimes of this case, by carrying a dangerous object while pursuing a male relation with the victim who was in an internal relationship with him, by assaulting the victim through about two hours after having detained the victim, and by assaulting the victim, during which the victim was unable to resist due to such assault, and the crime of this case was committed in a state where the victim was unable to resist due to such assault by the defendant.

However, there are favorable circumstances that can be considered in light of the circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., as well as various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, method and consequence of the crime, etc., when considering the above circumstances, the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts constituting a crime and the summary of the evidence recognized by the court.