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(영문) 서울고등법원 2016.05.27 2016노925

준유사강간

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment, and three years of suspended execution) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant, for the following reasons: (a) the victim, who was known to the defendant for two years and was under the influence of alcohol, was raped with the victim under the influence of alcohol; (b) the nature of the crime is bad; and (c) the victim suffered a big mental pain due to the instant crime.

The fact that the victim does not want the punishment of the defendant due to the agreement with the victim that the victim does not want the punishment of the defendant, there is no record of criminal punishment, the defendant recognizes the crime of this case and reflects the mistake in depth, and the family and branch members of the defendant clearly seem to have a social relationship with the defendant.

In addition, in full view of various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. 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. It is so decided as per Disposition.