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(영문) 서울고등법원 2018.12.20 2018노2541

성폭력범죄의처벌등에관한특례법위반(특수준강간)

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All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the defendants is recognized that the defendants are divided into their mistakes and reflects them, Defendant A did not have any criminal history, and Defendant B did not have any criminal history of the same kind.

However, the crime of this case was committed by Defendant B, a foreign female under the influence of alcohol, on the part of Defendant A’s residence, and the Defendants committed sexual intercourse with the victim under the influence of alcohol, and the nature of the crime was not good. The Defendants received a letter of suspicion or did not reach an agreement from the victim up to the trial, and there was no change in the conditions of sentencing compared with the judgment of the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendants’ age, gender and environment, motive, means and consequence of the commission of the crime, etc., the conditions of sentencing specified in the instant argument, such as the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence against the Defendants is too unreasonable. Thus, the Defendants’ above assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.