(영문) 부산고등법원 2018.01.25 2017노660 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2018.01.25 2017노660

강간

Text

The judgment of the court below is reversed.

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

Sexual assault against the defendant for 40 hours.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of three years and six months) is too unreasonable.

2. The crime of this case committed by the defendant was raped by the victim under the circumstances as stated in the facts of the crime in the judgment of the court below, among the crimes committed by the defendant at marina business establishments operated by the victim, in light of the circumstances as stated in the judgment of the court below, the crime of this case is serious. The crime of this case committed by the defendant seems to have suffered mental shock and pain to the victim to be exposed to the mental shock and suffering from the crime of this case. Nevertheless, the defendant committed the crime of this case since the investigative agency since the court of the court of the court below to the court of the court below, and thereby, the victim was suffered secondary damage, such as repeated statement by attending the court of the court of the court of the court below to the victim as a witness, and until now, the defendant was unable to receive a letter from the victim because there was no agreement between the defendant and the victim.

On the other hand, the defendant made a confession of the crime of this case against his depth when he made a confession.

The fact that the defendant makes a statement, the fact that the defendant deposited KRW 50 million for the victim after the conclusion of the oral argument at the trial, the defendant has no record of being punished for sexual crimes, there is no record of having been punished by imprisonment without prison labor or a heavier punishment, and the social relationship of the defendant seems obvious is favorable to the defendant.

In light of the overall consideration of various sentencing conditions shown in the trial process of the court below and the party hearing proceedings, including the conditions favorable to the defendant, the sentence imposed by the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. Conclusion.

유사 판례

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