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(영문) 서울고등법원 2018.10.23 2018노2157
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 40 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of three years and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the defendant did not enter one month while the victim was 30 years old or older than the defendant, and the victim was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually, the victim was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,

The nature of the crime is very poor in light of the following: (a) the process and details of each of the crimes in this case; (b) the method of committing the crime; (c) the Defendant, in particular, is aware of the existence of the president of the company he works for the Defendant; and (d) whether the first workplace should be retired from the company; and (c) the victim’s deliberation using the victim’s deliberation would make the second rest with the victim and make the second quasi-rape;

Moreover, the Defendant, while denying his criminal conduct in the process of investigation and the trial of the court below, tried to have a sexual intercourse with the Defendant first.

The circumstances after the crime are very bad, such as false arguments to the effect that the defendant was innocent even though he had sexual intercourse under the agreement, and the transfer of liability to the victim, etc.

The victim suffered a big physical and mental shock and pain as well as a considerable sense of sexual humiliation due to each of the crimes of this case by the defendant, and seems to have retired from the workplace.

Such circumstances are disadvantageous to the defendant.

However, when the defendant was in a trial, all of the crimes of this case are led to confession, and his mistake is divided.

A person who has suffered damage by agreement with the victim when the defendant was in the first instance.

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