(영문) 서울고등법원 2018.03.30 2017노3509 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.03.30 2017노3509

준강간

Text

The judgment below

The part concerning Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

However, the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (2 years and six months of imprisonment, and two years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. As to Defendant A, the instant crime was committed with sexual intercourse with the victim, who is a worker under the influence of alcohol by the Defendant, and the nature of the crime is not very good in light of the background of the crime, etc., and the victim seems to have suffered considerable mental pain and sexual humiliation, and the victim still wishes to strong punishment against the Defendant at this court, etc. is disadvantageous to the Defendant.

On the other hand, the facts that the Defendant was a primary offender with no criminal experience, that the Defendant recognized his mistake and reflects his depth, and that the Defendant led to the instant crime in contingency under the influence of alcohol are favorable to the Defendant.

In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the lower court is too heavy or unhued and it exceeded the reasonable scope of discretion.

Therefore, the above argument by the defendant and the prosecutor is without merit.

2) As to Defendant B, the crime of this case was committed by the Defendant who attempted to have sexual intercourse with the victim, who was under the influence of alcohol, but was attempted to have sexual intercourse. In light of the circumstances of the crime, etc., the crime is not good in light of the circumstances of the crime, etc., and the victim appears to have suffered considerable mental pain and sexual humiliation.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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