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(영문) 광주고등법원 (제주) 2018.09.05 2018노56

강간치상등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

In full view of the following: (a) the summary of the grounds for appeal (unfair sentencing) of the Defendant’s grounds for appeal (unfair sentencing) and the fact that the Defendant recognized the commission of a crime and reflects the fact that the Defendant was in the first instance trial; (b) the Defendant agreed smoothly with the victim; and (c) the Defendant ought to support his wife and young children, the sentence of the lower court is too unreasonable.

Considering the fact that the crime of this case by the prosecutor is significant, the nature of the crime of this case is poor, the victim suffered serious damage due to the crime of this case, and the possibility that the damage will continue in the future, the sentence of the court below is too unreasonable.

Judgment

The crime of this case was committed on a bus that the defendant was travelling in Jeju-do while driving the vehicle, discovered female victims who walked on the road while the defendant was mixed with the vehicle, and led the victim to an attempted rape by inducing the victim in a rare place, resulting in bodily injury to the victim in the course of the crime. In addition, the defendant's electric vehicle was stolen by charging electricity without permission, and it was very poor that the crime was committed.

The victim seems to have suffered from the mental shock and suffering of the defendant's crime of this case.

However, when the defendant was in the first instance trial, the defendant appears to have committed all of the crimes of this case, and the court below submitted an agreement to the effect that "shall not raise any civil or criminal objection against the victim" in accordance with the agreement with the victim, and there was no record of the same crime against the defendant.

Considering the aforementioned circumstances and other factors of sentencing, such as the motive, means, and consequence of the instant crime, the circumstances after the crime was committed, the Defendant’s age, sexual conduct, and family environment, the lower court’s punishment is too heavy or unreasonable.

Therefore, it is true.