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(영문) 광주고등법원 2015.02.26 2014노515

유사강간

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year and eight months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the defendant paid 10 million won to the victim and agreed that the victim does not want the punishment of the defendant, that the defendant does not have any record of the same sex offense, that the defendant admitted the crime at the court below, and that all of the crimes were led to confessions and reflects in the trial, etc., the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows: "1. The defendant's trial court's statement "in addition to addition of the defendant's trial statement" is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on probation;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished as a sexual crime, and the crime in this case is not a sexual crime against a child or juvenile), the Defendant’s personal information shall not be disclosed or notified to the public prior to the reason for sentencing, prior to the sentencing prescribed in Article 47(2).

registration of personal information;