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(영문) 서울고등법원 2017.05.25 2017노651
준유사강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case is deemed to have been taken against the victim's body, which may cause sexual humiliation or sense of shame by using a mobile phone with the function of cameraa while under the influence of alcohol by the defendant, and the nature of the crime is not good. The crime of this case is that the victim was aware of considerable mental suffering and pain, the defendant did not agree with the victim up to the time of the crime of this case, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). However, "the main sentence of Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" is a clerical error in Article 21 (2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse. "Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" in Article 9 of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes. Since it is evident that "Article 48 (1) 1 of the Criminal Procedure Act of 18 of the same Act was omitted, it is corrected, deleted and added under Article 25 (1) of the Rules on Criminal Procedure."

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