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(영문) 대구고등법원 2017.08.31 2017노274
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The defendant's appeal is dismissed.

Reasons

In light of the various sentencing conditions in this case, the sentence imposed by the court below (long-term three years and six months, short-term two years and six months) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the following are the circumstances favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the age of the 18-year juvenile; (c) there is no particular criminal record other than juvenile protective disposition; (d) the Defendant appears to have committed the instant crime under the influence of alcohol; and (e) the fact that the Defendant is currently suffering from the blood disease.

On the other hand, the crime of this case was committed in concert with the victim, who is a female child or juvenile under 17 years of age, and was under the influence of alcohol with the victim's her in a state of resistance by drinking together with the victim's her in a state of resistance. The crime of this case is committed in a very poor and heavy manner in light of the motive, place, method, age of the victim and the relationship between the victim and the victim, etc., the victim was under the mental shock and sexual humiliation of her act; the victim was under the victim's mental shock and sexual humiliation; the victim was under the victim's behavior until her heart; however, he did not receive a letter from the victim until her heart; and the victim or her family was under the victim's severe punishment against the defendant.

As above, comprehensively taking into account all the sentencing conditions in the records and theories of this case, such as the Defendant’s age, sex, criminal conduct and environment, family relation, motive and background of the crime, the degree of participation in the crime before and after the crime, and the circumstances before and after the crime, etc., in light of these sentencing conditions, the lower court appears to have sentenced the Defendant to the Defendant for a maximum of three years and six months, and a short of two years and six months within the scope of the applicable sentencing (two years to fifteen years), and there are no special circumstances or changes in circumstances that may reduce the sentence of the lower court in the trial.

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