logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.18 2018노599
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable for the Defendant (six years of imprisonment, and 120 hours of completion of sexual assault treatment programs).

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The Defendant: (a) was dissatisfied with the police officer’s duties to resist the police officer who was arrested as a crime of insulting the police officer; (b) obstructed the duty of convenience stores; (c) obstructed the victim I (a) who was under the age of the wall-to-be prepared in advance to do so; (d) led to rape and bodily injury; (c) led the victim I (a person under the influence of the police officer); and (d) led the said victim, who was under the influence of the police officer, was forced to withdraw money from the police officer; and (d) took money by threatening the victim K, who was under the age of another.

The crime of the defendant is committed against the victims who are vulnerable to the crime, and it is not good that the crime is committed in consideration of the motive, circumstance, and method of the crime.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes, and is in violation of depth; (b) the victim of a sexual crime and the victim of the crime of interference with business by mutual agreement between the lower court or the first instance court does not want to be punished by the Defendant; (c) the Defendant did not have any previous criminal records of the same kind; and (d) the amount of damage from the crime of extortion was imposed to KRW 5,000; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime; and (d) the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court, and their implications.

arrow