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(영문) 서울고등법원 2015.06.16 2015노1012
강간등
Text

The judgment of the court below is reversed.

No. 2 of the judgment of the defendant

(b) 1.2) Crimes, 2) Attached Table 4 Nos. 1 to 4.

Reasons

Summary of Grounds for Appeal

No. 2 of the decision of the court below rendered against the defendant

B. (1) and (2) offences, Attached Nos. 4 Nos. 1 through 3: Imprisonment with prison labor for 6 months, 1 and 2-A of the decision of the court below.

Crimes, 2-

(b)3) Crimes, 3 Crimes, 4 to 10 Crimes Nos. 4 to 10, 5 to 7, 2 years of imprisonment) are too unreasonable.

Judgment

Article 2-2 of the Judgment of the Court

B.1) As to the crime of 1) and 2) and 4’s attached 1 to 1 to 3 crimes, this part of the crime is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant photographs the victim G’s sound, traw, etc., which was a chain relationship, against the intent of the said victim; and (b) by deceiving the victim that he/she was sold goods on the Internet NAVina car page; (c) the crime is bad in light of the details and content of the crime; (d) the object and method of the crime; and (e) the Defendant was punished by a fine twice due to fraud; and (e) the Defendant committed the crime immediately before and immediately after the date of the decision, although he/she was sentenced to a judgment by another fraud.

On the other hand, the fact that the victim G does not want punishment for the defendant, that all victims of fraud have compensated for the damage, and that the defendant is against the depth is favorable to the defendant.

In full view of all other circumstances, including the Defendant’s age, character and conduct, the background of this part of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat inappropriate, and thus, this part of the Defendant’s assertion is with merit.

No. 1 and No. 2-A of the judgment of the court below.

Crimes, 2-

B. In regard to the crimes of 3, 3, 4-Attachment 4 through 10, and 5-7, this part of the crime was committed by the victim G, on the ground that she would have her friend a woman-friendly friend, the above victim was injured by her on the ground that she would have her friend a woman-friendly friend.

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