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(영문) 서울고등법원 2016.06.30 2016노930

준강간

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the court below is recognized that the defendant divided his mistake and that the defendant agreed with the victim.

However, the crime of this case is deemed to have sexual intercourse with the victim, who is a worker, by taking advantage of the impossibility of resisting the victim, and the quality of the crime is not good, and the victim was pregnant and suffering from the mental suffering and suffering that cannot be performed by the victim due to the crime of this case, etc. In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 299 and Article 297 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse). However, the “Article 299 and Article 297 of the Criminal Act” of the judgment below on the 16th page 2, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be corrected pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse is clearly a clerical error in accordance with Article 25(1) of the Criminal Procedure Rules.