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(영문) 서울고등법원 2020.10.08 2020노1248

유사강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

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 instant crime requires strict punishment against the Defendant, taking account of the following: (a) the Defendant committed a indecent act by force by force against a female-friendly or sexual intercourse victim who is sexually female-friendly or sexual intercourse and the nature of the crime is not good; and (b) the Defendant appears to have been aware of considerable mental suffering and suffering from the instant crime.

However, the court below's punishment is too unreasonable in light of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the conditions of sentencing specified in the argument of this case, such as the defendant's age, character and environment, motive, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, etc.

Therefore, the defendant's argument on unfair sentencing is reasonable, and the prosecutor's argument is without merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is

(No prosecutor’s appeal is with merit, but the prosecutor’s appeal shall not be dismissed separately from the disposition of the court, so long as the defendant’s appeal is accepted and reversed). 【Reason used for the case’s criminal facts and summary of evidence recognized by the court, and summary of the evidence, are the same as the corresponding column of the judgment of the court below, except for the case where the part of “the defendant’s partial statement” in No. 19 of the second part of the judgment of the court below was used “the defendant’