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(영문) 서울고등법원 2013.06.21 2013노1422
강간치상
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below's decision on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. It is unreasonable for the court below to impose a disclosure order and notification order to the defendant for five years.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant, who was well aware of and was under the influence of alcohol, referred to that the Defendant’s act together with the her mother, was attempted to rape after the victim and attempted to rape; and (b) the offender, who was sexual assaulted by the Defendant, was physically and physically suffering from the crime of this case; and (c) the victim, who was sexual assaulted by the Defendant, was suffering from mental and physical pain.

On the other hand, the fact that the defendant was found to have committed a crime when he was in the trial, and that the victim got contact with the defendant and felblyed the defendant in the new wall to drink the defendant with drinking, and it seems that the defendant committed a contingent crime with the defendant on the part of the defendant, and the degree of injury the victim was not much serious, and the defendant did not want the punishment of the defendant by mutual consent with the victim when he was in the trial, there is no criminal power against the defendant, and the defendant, who is a university student, was furt to attend school and to raise school expenses due to economic difficulties.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing criteria of the Sentencing Committee of the Supreme Court and the criteria for sentencing of sex crimes (the decision of punishment) based on suspended execution have occurred.

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