beta
(영문) 서울고등법원 2016.01.21 2015노3172

준강간

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair assertion of sentencing) by the lower court (two years and six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the defendant's recognition of the instant crime and the fact that the defendant has no criminal records or criminal records of the same kind exceeding the fine.

However, the crime of this case is that the defendant had sexual intercourse with the victim, such as the victim, who was the victim of female-friendly relationship, and the victim had sexual intercourse with the victim, regardless of the nature of the crime, and thus, the victim seems to have suffered a considerable sense of sexual humiliation and mental impulse. As such, since the victim failed to properly implement the measures to recover the damage committed after the crime, thereby the victim is punished by the defendant, it is inevitable to sentence sentence equivalent to the criminal liability against the defendant.

In full view of such circumstances and other factors as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment seems to be reasonable and is not deemed to be unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.