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(영문) 광주고등법원 (전주) 2018.08.28 2018노77
준강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because it is too unreasonable that the sentence of imprisonment (four years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The crime of this case committed by the Defendant’s access to the victim known through SNS and, even though the victim knew that the victim was under the influence of alcohol on the day of communication, the victim was found to have sexual intercourse with the victim, and then, in the process of taking the victim’s body and sexually related images against the victim’s will, the victim’s body and sexually related images were exposed to the victim’s intent. On the other hand, the following day’s indecent act is heavier in light of the background, method, and form of crime, etc. leading up to the crime.

The Defendant, who had been raped from the Defendant, who had not been able to reach a long time due to sexual impulses, she again moved the victimized person into the telecom parking lot before getting out of the mental impulses, and demanded a continuous teaching system and sexual intercourse, and committed the instant indecent act.

The Defendant appears to have made physical contact with a female who is not aware of his gender while making a drinking place, and even before committing the instant crime, the Defendant seems to have a distorted sexual tendency, such as making sexual intercourse with a female who became aware of through SNS and photographing the head in video as a video.

The Defendant was threatening to pose a threat to the victim by transmitting a photograph taken from the victim to the victim upon the victim’s refusal to keep the victim’s body. After the instant crime was committed, the Defendant’s act of removing the victim’s photograph and video image, and destroying evidence by arbitrarily disposing of the victim’s cell phone from the victim’s cell phone at will at the time of the instant crime, or by removing the screen image of the vehicle taken from the time of the instant crime. The circumstances are not good after the crime.

Nevertheless, the defendant is also in the original trial from the investigative agency to the court.

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