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(영문) 서울고등법원 2020.01.17 2019노2412

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below on unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The lower court’s improper order to restrict employment to the Defendant for three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons is unreasonable.

2. Each of the instant crimes committed by the Defendant, even though the Defendant was refused to have a dead victim, constitutes rape or similar rape, taking the victim’s negative records, etc. against the victim’s will, and threatening the victim by using them, and the nature of the crime is not good in light of the circumstances and contents of the crime.

The victim seems to have caused a considerable mental shock and sexual humiliation due to each of the sexual assault crimes in this case.

However, the Defendant is showing an attitude to make all of the crimes of this case, including rapes and similar rapes that had been denied before the trial.

In addition, the defendant paid compensation to the victim and agreed with the victim, and the victim expressed his/her intention that he/she does not want to punish the defendant.

There is no circumstance to deem that the photograph taken by the defendant was leaked to any other place than the sending of the photograph to the victim.

The Defendant has no record of criminal punishment exceeding the fine prior to the instant case.

In addition, considering the age, character and conduct of the defendant, family relations, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments of this case, it is deemed that the sentence of the defendant is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of the employment restriction order, and the following is again reversed after pleading.