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(영문) 서울고등법원 2018.12.11 2018노2440
강간치상
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 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 six months, the order to complete a sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program program program program

The petition of appeal submitted by the defense counsel of the defendant stated that mistake of facts in addition to the improper sentencing of the judgment below was also alleged as grounds for appeal, but thereafter, the reason for appeal submitted by the defense counsel of the defendant was alleged as the ground for appeal, and at the first trial date of the trial, the defendant and the defense counsel stated only the improper sentencing as grounds for appeal against the judgment below.

In this regard, at the second trial date of the trial, the defendant and his defense counsel asserted only unfair sentencing grounds on the grounds of appeal, and at the same time, the defendant and his defense counsel stated that the defendant recognized all the charges of this case.

Thus, the defendant and his defense counsel asserted that the grounds of appeal against the judgment of the court below were erroneous.

I would like to say.

Judgment

The Defendant, upon the introduction of a person, gave the victim with drinking alcohol to the telecoming with the victim. After going through the telecoming with the victim, the victim was forced to have sexual intercourse with the victim who was in a situation where it is difficult to temporarily communicate due to the shock, and thereby, caused the victim to suffer approximately two weeks of medical treatment. Thus, the Defendant committed the instant crime. In light of the relationship between the Defendant and the victim, the details and methods of the instant crime, etc., such crime is considerably unnecessary.

The victim seems to have suffered considerable shock and pain due to the crime of this case.

Nevertheless, the court below denied the crime of this case under the agreement with the victim, and the victim was present at the court below to make statements.

These circumstances shall:

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