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(영문) 서울고등법원 2017.11.14 2017노2403

준강간

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for three years, respectively.

except that this judgment.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (defendant A: 2 years of imprisonment, etc.; Defendant B: 3 years of imprisonment, etc.) is too unreasonable.

The sentence imposed by the prosecutor by the court below against the defendants is too uncomfortable.

Judgment

Defendant

A had sexual intercourse with a victim under the influence of alcohol, and Defendant B had sexual intercourse with a victim under the influence of alcohol, and had sexual intercourse with the victim who had still been in an impossible state of resistance, and had sexual intercourse with the victim, and had the victim's body taken the victim's body.

Defendant

A received the request from other high-school alumnis that he would take care of the victim's body, and at the time, he committed the crime of this case by taking advantage of the fact that the victim was living together and was in an impossible condition to resist. After committing the crime, the defendant B, who was a high-dong, provided an opportunity to commit additional crimes against the victim by informing the victim of the location of the victim's her own act, and provided an opportunity to commit the crime against the victim. The defendant B still has sexual intercourse with the victim who was in an impossible state of resistance against the victim's will, and the victim took custody of the victim's body against the victim's will. In view of the relationship between the defendants and the victim, and the circumstances leading up to each of the defendants' crimes, each of such crimes is very poor.

In light of the contents of each of the instant crimes, the victim seems to have suffered a considerable sense of sexual humiliation and token mental shock along with his criminal acts.

Such circumstances are disadvantageous to the Defendants.

On the other hand, the Defendants recognized all of the crimes of this case and divided their mistakes in depth, and the Defendants agreed with the victim and agreed with the victim that they did not want the punishment of the Defendants, and the Defendants did not want to commit each of the crimes of this case.