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(영문) 대전고등법원 2016.11.18 2016노283

준강간등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Unfair sentencing: The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

Judgment

Although the Defendant, as a taxi engineer, should consider the safety of passengers as the highest professional ethics, exercised sexual violence against passengers taking advantage of their status, despite having to safely take the passengers at their destination.

In that the Defendant, who received a mind of having sexual intercourse with the victim, got the victim to the telecom, had the victim sexual intercourse once at that place, had the victim out of the place, and had the victim engage in the taxi business, and had the victim sexual intercourse again with the new wall, it is not very good that the criminal law has interviewed with the victim and has committed the crime.

Since these crimes seriously undermine the general public confidence in the safety of means of public transportation, it is highly necessary to impose severe punishment in terms of general prevention to prevent crimes of remarkably anti-socially similar kind, compared to other general rapes.

The victim can sufficiently see that he had suffered a considerable sense of sexual humiliation and mental suffering due to the crime of this case, and want to punish the defendant up to the trial.

In light of the fact that the Defendant repeated confession and denial during the period from the investigative agency to the trial court, and did not waive the assertion that sexual intercourse has occurred under the agreement with the victim by the date of the first trial of the trial, there is a doubt as to whether the Defendant is seriously against his own crime.

In light of the nature of the crime and the circumstances revealed from the above circumstances, the crime of quasi-rape in this case falls under the highest punishment among the crimes falling under the basic sphere of the sentencing guidelines (two to five years). The Defendant committed the crime of quasi-rape in addition to the crime of quasi-rape.

This situation is based on the records of trial, including the absence of any change in circumstances in the trial.