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(영문) 서울고등법원 2017.09.26 2017노1842

강간등

Text

The defendant's appeal is dismissed.

The Defendant shall pay to the applicant for compensation KRW 10,000,000, and on February 1, 2017.

Reasons

The decision of the court below on the grounds of appeal is too unreasonable because the punishment (4 years of imprisonment, etc.) imposed on the defendant is too unreasonable.

The fact that there is no criminal record of the defendant in the judgment on the grounds for appeal, and that the defendant has committed the crime of this case late later, and that he reflects his mistake is favorable to the defendant.

On the other hand, the crime of this case was committed by a person who was a related party of the defendant, who injured the victim of the defect about to hedge the defendant, damaged the property of the victim, taken the photographs of the victim against the victim's will, and spread them.

Rape by intimidation and photographing the head of the body with a dynamic image, and also, I would like to spread the photograph of the body and sexually related dynamic images to the parent and the company.

The crime was committed by threatening the victimized person to take money, and the responsibility for the crime is very heavy, and the victim appears to have suffered a big physical mental pain together with a considerable sense of sexual shame, and the defendant is not able to harm the recovery of damage or receive a letter from the victimized person, which is disadvantageous 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 scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee, it is not determined that the lower court’s sentence against the Defendant is unreasonable.

Therefore, the defendant's assertion is without merit.

Since the Defendant’s judgment on the application for compensation is recognized as a crime of extortion under Article 5 of the Criminal facts in the judgment of the court below, the Defendant committed a crime of extortion under Article 5 of the Criminal facts in the judgment of the court below, and thus, the Defendant’s signature and seal to the applicant for compensation as sought by the applicant, as well as the amount of KRW 10 million.