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(영문) 서울고등법원 2017.10.12 2017노2303

준강간

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The crime of this case is deemed to have sexual intercourse with a victim who attends the same graduate school under the influence of alcohol, and the nature of the crime is not good. Considering the fact that the crime of this case led to the victim's considerable mental suffering and suffering, strict punishment against the defendant is required.

However, when considering the conditions of sentencing specified in the pleadings of this case, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc., when the Defendant was found to have committed the crime of this case, and his mistake is divided, the sentence imposed by the lower court is deemed appropriate, and it is deemed that it is too heavy or unreasonable, and the above argument by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.