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(영문) 서울고등법원 2018.01.19 2017노3365
유사강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant infringed upon the victim’s residence and committed similar rape on the ground that he received a separate notice from the victim C.

Accordingly, the victim C seems to have suffered a considerable mental suffering as well as sexual humiliation.

The defendant did not reach an agreement with the above victim.

The defendant has a record of criminal punishment for violent crimes, such as injury and damage of property, on several occasions.

The Defendant committed each of the crimes of this case without being aware of even during the period of repeated crime.

However, when the defendant was in a trial, he recognized all of the crimes of this case and reflects his mistake.

The crime of damaging property in this case appears to have been committed by the Defendant first against the victim E, and thus, it appears that the Defendant was committed with assaulting the victim E, but there are some circumstances to take into account the circumstances leading up to the crime, and the said victim (E) did not want the punishment of the Defendant.

In addition, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various conditions of sentencing revealed in the proceedings in this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the establishment of the Supreme Court sentencing committee (at least two years of imprisonment): the application of sentencing guidelines from 2 years to 50 years of imprisonment;

A. Similar criteria for rape [Determination of the type of rape] There is no first type (general rape) [the scope of recommendation] of the rape (special rape] [the scope of recommendation] [the punishment shall be mitigated to 2/3] from August to April (the basic area, adult similar rape, and the reduction of punishment to 2/3).

(b) The general standard for the crime of destroying property [the types of decisions] that may be taken into account (a person who is subject to special sentencing] the motive for committing the crime, the person who is not subject to punishment, and the person who is engaged in the same repeated crime (a person who is in a place) [the scope of recommendations] imprisonment with labor for one month from one month to six months (the area of mitigation);

(c) Crimes of intrusion upon residence: Not setting the sentencing criteria;

(d) Scope of punishment recommended following the handling of multiple crimes: Imprisonment with prison labor for not less than two years (legally.

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