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(영문) 서울고등법원 2017.07.11 2017노1021
준강간등
Text

[Defendant C] The part of the lower judgment against the Defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

The summary of the grounds for appeal is that the sentence imposed by the court below against the defendant C (three years of imprisonment) is too unreasonable.

The sentence sentenced by the court below to the defendants (the 3 years of imprisonment, the 2 years of suspended execution, etc. in 1 and 6 years of imprisonment, etc.) is too uneased and unfair.

Judgment

Defendant

C The defendant's crime committed by the defendant is that the victim, who is an employee of the main place where the defendant was present while drinking alcohol at a entertainment place, was mobilized by the victim, who was an accomplice, and was not able to look at the spirit, and the crime of kidnapping to a hotel and quasi-rape is very heavy, and the victim seems to have suffered a big mental shock and pain along with a considerable sexual humiliation. This is the circumstances unfavorable to the defendant.

On the other hand, it is favorable to the defendant that the defendant has no history of sex offense, and that the defendant has recognized all the crimes late after the death of the defendant, and that the victim does not want the punishment by agreement with the victim.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below is too unfair.

Therefore, the defendant's argument is reasonable, and the prosecutor's argument on this part is without merit.

Defendant

A and B Defendants committed the crime by facilitating C’s quasi-rape-rape by being aware of the circumstance that the Defendants could not have a mind by taking advantage of the victim’s mind, and transferring the victim to the hotel, and the crime is very serious. Accordingly, the victim’s emotional impulse and pain together with a considerable sense of sexual humiliation.

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