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(영문) 서울고등법원 2016.08.30 2016노1348

폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (four years of imprisonment) is too unreasonable.

Judgment

The circumstances favorable to the defendant are that there is a possibility of edification for young people who have reached the age of majority, that there is no history of past sex crime or criminal punishment against the defendant, and that the defendant recognizes the crime of late age and reflects it.

On the other hand, the Defendant continued to assault the victim from an elementary school to a high school by assault, threat, etc., and tried to have the victim who wants to escape from the Defendant under his/her control. From the above, the crime of this case is committed seven times by rapeing the victim who was unable to resist due to continuous harassment, and by threatening the victim with a letter and knife that he/she would kill the victim for about 48 hours, and committed similar rape over two times. In light of the frequency, method and method of the crime, circumstances after the crime, etc., the Defendant’s continuous harassment and the crime of this case appear to have suffered serious physical and mental distress of the victim due to the crime of this case. Nevertheless, the Defendant did not receive any injury from the victim.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime in this case, and the sentencing guidelines set forth in the Supreme Court's sentencing committee (two years to six years) Nos. 1 through 3 (each similar rape) (the scope of recommended punishment) shall be the basic area of the crime of rape (one year to three years) (one year) (one year to four years).