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(영문) 부산고등법원 2020.10.07 2020노423

준강간

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable; and

2. The judgment defendant has maintained not only the male-child relationship of the victim but also the relationship closely with the victim.

The victim and his/her male-child Gu, when the victim married in his/her house and is unable to receive help from the male-child room on the street, had a sudden disorder symptoms, requested the defendant to help in a multi-level manner.

Nevertheless, the Defendant, who has reliance on their trust, has committed quasi-rapes against the victim, and should be punished accordingly.

The victim seems to have suffered serious damage due to the crime of this case, including the failure of a long-term relationship with the male-parent body, beyond the degree of suffering a sense of sexual humiliation.

On the other hand, the defendant recognized the entire crime of this case and reflected it.

Defendant

In order for the victim to suffer suffering from money, the victim expressed his/her intention that the victim does not want to be punished against the defendant in the trial.

There is no criminal power against the defendant.

The family of the defendant is leading the defendant to the defendant, and the social relationship between the defendant and the defendant seems to have also been established.

In full view of all the sentencing conditions shown in the instant pleadings, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., the sentence of the original judgment is too unreasonable.

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 judgment is rendered again after pleading.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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