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(영문) 서울고등법원 2019.01.08 2018노2891

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for a period of two years and forty hours) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below recognized all the crimes of this case from the court below to the point that the defendant has committed a crime of this case, divided his mistake, and there is no power to commit any other crime except the punishment of fine for each crime of this case before the crime of this case was committed, and the defendant has a incompact relationship with the victim, and he has transferred approximately KRW 100 million to the victim about 17 times from May 2015 to November 2016 under the name of futures option investment deposit, but he could not recover from the victim's investment loss at all, and became economically difficult. The defendant was demanded from the victim to liquidate his incompact relationship with the victim after the failure of the marital relationship, and the fact that the defendant could have caused the crime of this case would be favorable to the defendant.

However, the Defendant committed each of the crimes of this case by assaulting the victim on the ground that the victim did not comply with the demands of the Defendant’s sexual intercourse while taking advantage of the victim’s hedge, and by threatening the victim that he would be influence and investment in futures options would be fluent to the husband of the victim’s sexual intercourse, and committing each of the crimes of this case through sexual intercourse over three times. In light of the relationship between the Defendant and the victim, the course and method of each of the crimes, and rape crimes were repeated three times, etc., such crime is not good.

In addition to each of the crimes in this case, the victim seems to have suffered a considerable mental impulse and pain due to the defendant's accusation, etc., and in fact, the victim seems to have suffered from mental suffering such as receiving mental health therapy under the diagnosis of acute stress reaction.

The defendant was unable to be used by the victim, and the victim wishes to punish the defendant.