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(영문) 서울고등법원 (춘천) 2017.01.11 2016노160
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

The defendant asserts that with respect to the punishment (three years of imprisonment) sentenced by the court below, the defendant is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.

Judgment

The crime of this case is committed under the unfavorable circumstances such as the nature of the crime of quasi-rapeing the victim by taking advantage of the state of the victim's kinship, the poor condition of the crime of this case, and the victim suffered irrecoverable mental harm due to the crime of this case. However, the defendant's improper assertion of sentencing is without merit in light of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and other favorable conditions of sentencing indicated in the records, such as the defendant's age, sexual behavior, etc., environment, motive, means and consequence of the crime, etc., and the punishment of this case is unfair as the result of the judgment of the court below is too excessive. Thus, the defendant's argument of sentencing pointing this out is with merit.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

Since the summary of the judgment of the court below is the same as the corresponding column of the judgment below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (Consideration of favorable circumstances);

1. Article 62 (1) of the Criminal Act (wholly taking into account the favorable circumstances as mentioned above);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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