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(영문) 서울고등법원 2018.07.12 2018노456
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced to Defendant B at the lower court’s argument of unfair sentencing (the imprisonment of three years, and the completion of the sexual assault treatment program 80 hours) is too unreasonable and the amount of the punishment is unreasonable.

B. Each sentence sentenced to the Defendants at the lower court’s argument of unfair sentencing against the Defendants by the Prosecutor (Defendant A: three years of imprisonment, five years of suspended sentence, community service 480 hours, and 80 hours of sexual assault treatment) is too unfasible and thus, the determination of each sentence is unreasonable.

2. The judgment of Defendant A posted a letter on the SNS bulletin board that seeks a person who steals the sexual intercourse with the victim, Defendant B actively respondeded to this, and the Defendants on the day of the instant case prepared a crime closely by continuously sending contact.

Defendant

A, without notifying the victim of this fact, led the victim to drink a large amount of alcohol, brought the victim into the telecom, and then, the original plan was made by the defendant A to have sexual intercourse and steals it, and the change was made by the defendant B, and the defendant A had the victim sexual intercourse with the victim, and the defendant A had the victim photographed the sex relationship with the victim.

The victim was unable to know that he did not know of this fact, and the victim was aware of the damage to the crime by reporting his image from the mobile phone of the defendant A to the defendant's cell phone.

The victims were suffering from severe mental impulses.

Nevertheless, immediately after committing the crime, the Defendants had the intent to refrain from committing the same crime without any further meeting or committing a crime.

In particular, even if the defendant A started in the defense trial and was informed by the defendant B, he actively led the crime, sent the victim's photo and sexually related video to the victim to the defendant B, and had the victim posted the victim's photo on the SNS bulletin board before the crime.

In addition, a victim was frighted by Defendant A, and frighting and frighting.

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