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(영문) 서울고등법원 2019.10.11 2019노1582

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. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. Each of the instant crimes is deemed to have committed various types of sexual crimes against the victim in a situation where the Defendant was unable to report the damage, due to a sense of shame or relationship with the Defendant, and intimidation the victim, and the nature of the crime is heavy in light of the content of the crime, etc.

It seems that the mental impulse and pain caused by each of the crimes in this case did not seem to have been significant.

However, the Defendant made a confession of all of the crimes of this case, and runs counter to his depth.

In addition, when the defendant was in a trial, the defendant was compensated for and agreed to the victim, and the victim submitted a written statement that he does not want the punishment against the defendant.

The defendant is an initial criminal who has no past record of criminal punishment.

In addition, the sentence of the court below is too unreasonable in light of the following factors: the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment of the court below, except where the "written statement of the defendant" in the summary of evidence of the written judgment is changed into "written statement of the defendant at the trial of the defendant," and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 297 of the Criminal Act, the choice of a punishment for a crime, Article 297 of the Criminal Act, Article 297-2 of the Criminal Act, and Article 297 of the Criminal Act;