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(영문) 대구고등법원 2017.09.07 2017노302
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment, 40 hours of completion of sexual assault treatment programs, and 5 years of disclosure and notification of personal information) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the instant crime was committed with the victim who was aware of the Defendant, who was drunk, and had sexual intercourse with the victim, who was drunkly drunk in the telecom, and was found to have been sexual intercourse. In light of the background and method of the crime, the relationship with the victim, etc., the crime’s nature and circumstances are not less complicated, and the victim appears to have caused considerable mental shock and sexual humiliation, etc. resulting therefrom, are disadvantageous to the Defendant.

On the other hand, however, the defendant appears to reflect the wrongness while committing the crime; the victim does not want the punishment of the defendant; the victim was sentenced twice by a fine due to the violation of the Guarantee of Automobile Compensation Act; the suspension of execution of execution of execution or the same kind of sexual crime; the family members and branch members support the child; the defendant complained of the wife for more than two months; the defendant was detained for more than two months in this case; the time of reflective and self-esteem was shown to have been more favorable to the defendant; the defendant still needs to be given an opportunity for more than 20 young people as healthy members in society; the defendant's age, experience, career, sex and environment, family relationship, health condition, motive and circumstance of the crime, means and consequence of the crime; and all the sentencing conditions stated in the records and changes theory of this case, such as the circumstances before and after the crime, it is determined that the court below's sentence of imprisonment is unfair for not less than 2 years and 6 months.

Therefore, the defendant's ground of appeal is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is followed again after pleading.

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