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(영문) 서울고등법원 2017.09.15 2017노2180
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by inhaleing a racker presses.

B. The sentence sentenced by the lower court (long-term three years and six months, short-term three years, etc.) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by this court as to the assertion of mental and physical weakness, the Defendant was in a state where the Defendant, at the time of committing the instant crime, was in a state of having the ability to discern things or make decisions by taking into account the following circumstances.

does not appear.

Therefore, the defendant's above assertion is without merit.

1. The Defendant does not specifically associate with the Prosecutor’s Office as to whether any circumstance exists in the inhalement of the main body whenever committing the crime of rape in this case.

The Defendant stated to the effect that it was “(326 pages of evidence).” In doing so, it appears that the memory of specific facts was somewhat rare, but the Defendant is recognized as a substitute for the fact that he committed the instant crime.

In addition, the defendant inhaled the main body before he commits some cases at the prosecutor's office, but is memoryed of the crime under the condition that the cryp was frighted.

“A statement was made to the effect that it was “(328 pages of evidence records).” Around March 21, 2017, following the commission of the instant crime, “I will not report again to the victim,” and “I will have sufficiently recognized the content, form, or result of the instant crime (Evidence No. 118 pages of evidence records).”

② The Defendant, along with C, assisted the victim to engage in sexual traffic from March 6, 2016 to the 21st day of the same month, and the Defendant gradually developed the crime from March 7, 2016 to the commencement of indecent act against the victim.

The Defendant committed each of the crimes of this case, and committed himself to the victim’s questioning.

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