beta
(영문) 서울고등법원 2019.09.27 2019노1611

강간

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years, etc.) by the lower court is too unreasonable.

2. The Defendant expressed his intent to accept the criminal liability for each of the crimes of this case, and the court later recognized the crime of rape 2 of this case and divided it later.

Family members, assistants, etc. of the defendant want to make best efforts to guide and educate the defendant so that the defendant can return to normal members of society.

The Defendant did not have any history of criminal punishment prior to each of the crimes in this case, nor did the Defendant find out any history of adult awareness that has been extremely distorted.

These points are favorable to the defendant.

On the other hand, each of the crimes in this case committed by the defendant's friendship with D is very poor because the crime of this case was committed by inducing the victim to talk with the victim by deceiving him and assaulting him twice throughout his residence.

In the investigative agency and the court of the court below, the victim suffered a huge mental impulse to the degree that it is difficult to measure each of the crimes of this case, and it is difficult to lead a daily life due to mental and physical suffering. Therefore, the suffering of each of the crimes of this case is very likely to remain in the mental suffering that is difficult to cure the victim in the future.

When the defendant denies the crime of rape 2 in this case, the victim has to repeatedly state the damage in the investigative agency and the court of original instance, and in the process, he seems to have received a number of injuries once again with the defendant's attitude.

After all, the defendant did not receive a letter from the victim until this court, and the victim wanted to punish the defendant significantly.