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(영문) 서울고등법원 2019.02.01 2018노3237
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
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 became final and conclusive.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The Defendant attempted to rape the victim by committing indecent act by compulsion on two occasions, who is a workplace fellow, and by intrusion on the victim’s house.

The defendant committed a crime several times, and the victim seems to have been mentally and physically shocked in the process of working together with his/her commercial defendant for several months.

The victim did not have such pain and eventually retired from work.

There is also a record that the defendant is punished for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

However, it was punished in 199, which was 20 years ago.

Such circumstances are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case which were denied by the court below for the first time, and the fact that the mistake was divided and reflected in the judgment of the court below, the compensation was paid in the first instance, and the victim did not want the punishment of the defendant by agreement with the victim, and the degree of the type of indecent act in each case of indecent act is not more severe than the degree of indecent act but not more serious.

In full view of all the above circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant argument, including the circumstances after the crime, and the scope of recommended sentence and the criteria for suspension of execution according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence imposed by the lower

Therefore, the defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is followed after pleading.

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