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(영문) 광주고등법원 2016.03.24 2015노568
준강간
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is too unreasonable that the sentence imposed on the defendant (one year and six months of imprisonment, three years of suspended execution, 40 hours of lecture order, 120 hours of community service order) by the court below is too unreasonable.

Judgment

There are circumstances that can be considered favorable to the defendant, such as the confession of the crime and the misunderstanding of the defendant, the fact that the defendant paid 3.7 million won to the victim in an investigative agency and agreed smoothly by the victim, and the damaged person wants to leave the front place of the defendant, the defendant paid 1 million won to the victim in the trial of the party, and the defendant paid 1 million won to the victim.

However, the crime of this case is deemed to have sexual intercourse with the victim who is working at the same place by the defendant while drinking alcohol, and the nature of the crime is poor, and the victim seems to have suffered a considerable sexual humiliation and mental impulse. In addition, taking into account various sentencing conditions indicated in the records and arguments, such as the defendant's age, sex, environment, motive and background of the crime, motive and background of the crime, method and method of the crime, circumstances after the crime, sentencing guidelines of the Supreme Court sentencing committee, etc., the sentence of the court below that sentenced the suspension of execution to the lowest sentence of the punishment under law cannot be deemed to be unfair.

Defendant’s assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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