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(영문) 서울고등법원 2018.12.20 2018노2719

강간미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 years of imprisonment, etc.) is too unreasonable.

2. The Defendant, at the main point of the victim’s operation, had the victim drinked “stroke-m” m, which is a breath narcotics, etc., the victim’s breath, lost the awareness of drinking, and subsequently, had the victim raped similarly. Since then, the victim had the victim at the time of drinking the “stroke-m” beverage, and attempted to rape the victim with the victim’s body card, and obtained pecuniary benefits equivalent to the settlement amount, by settling the victim’s payment of the expenses for accommodation with the breath card.

Each of the crimes of this case is very bad in view of the following facts: (a) the process, content, and method of the above crimes; and (b) the fact that the injured person was physically and mentally deprived by administering narcotics, etc., and committed the crime.

The victim and his family members appear to have suffered severe mental impulses and pains due to each of the crimes in this case by the defendant, and it seems difficult to completely recover the above situations in the future.

The accused has a criminal record of violent crimes or fraud.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized each of the crimes of this case and expressed his intention that the victim does not want to be punished against the defendant, as a result of the defendant's efforts to recover damage.

There is no history of sex offense against the defendant, and the above previous convictions are also punished by a fine, except for those before the suspension of the execution of 1992 and once.

These circumstances are favorable to the defendant.

In addition to the above circumstances, the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.