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(영문) 대구고등법원 2019.07.25 2019노164

준강간

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of suspended sentence in two years and six months) is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

The defendant provided a certain amount to the victim and only agreed that the victim does not want the punishment of the defendant.

In particular, the Defendant, who is married to Korea as Brazil, has three children between her two children and is living in Korea for 13 years, operated a restaurant under the trade name B, and there is no specific criminal record except once a fine is imposed due to the crime of injury. However, there are circumstances to consider the Defendant by being placed in a place where a measure of deportation is taken in Korea due to the crime of this case.

However, the instant crime was committed by the Defendant, along with the victim, who was his employee, returned home to the victim who frightened after drinking the alcohol, and was sexually quasi-rape, and the nature and circumstances of the crime are very heavy.

The victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended punishment according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed as being too appropriate and unreasonable.

3. Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (amended by the following) provides that no person who has been sentenced to punishment or medical treatment and custody by sex offense shall operate a welfare facility for persons with disabilities, or provide employment or actual labor to persons with disabilities, and uniformly the period during which it is not possible to operate, work or provide actual labor to persons with disabilities.