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(영문) 대전고등법원 2019.05.17 2019노90
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal: The court below's imprisonment (two years and six months of imprisonment) is too heavy.

2. The judgment of the Defendant maintained a usual good-quality relationship, entices the victims in the Republic of Korea, takes them into custody, and suppresss resistance by force, and committed the instant crime.

The sexual humiliation and mental shock of the victim's receipt of the crime of this case seems to have been reasonable.

For this reason, the victim sent to the defendant a word "I am unable to satisfly, satly, and satisfly, satly, and satisfly, satly, satisfly."

In addition, the defendant agreed that the victim suffered another damage from the victim who talks about the sex relationship with the victim under the pretext of the agreement.

The Defendant was forced to go up with the victim as an attack.

Since the arrest of the defendant in court, the defendant shows the attitude to recognize and reflect his criminal act that should be delayed later.

However, the Defendant has abused the characteristics of sexual crimes committed by an investigative agency to the court of the original trial without witness, and has consistently denied and inconsistent with the non-competence.

Not only in the investigation agency but also in the court of the court below, the victims have to appeal to avoid their damage and suppression at the risk of sense of shame before the investigation agencies and the court officials concerned.

As a result, the victim suffered not only the damage caused by the sexual assault of the defendant, but also the secondary damage that can be forgotten due to the victim's leaving and making a statement in the court of original instance as well as the investigation agency and the court of original instance.

Of course, even if the defendant committed a crime, he does not have the obligation to confession the crime, but denies the crime.

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