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(영문) 서울고등법원 2017.02.07 2016노3879
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

The decision of the court below on the grounds of appeal (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant rapes the victim, who is a migrant female of the Vietnam nationality, who is his own tenant, and committed another indecent act again; (b) the responsibility for such crime is very heavy; and (c) the victim appears to have suffered a considerable sexual humiliation and physical suffering as well as a considerable sense of sexual humiliation.

On the other hand, there is no record of criminal punishment exceeding sexual crime history or fine, the degree of indecent act against the victim in the case of forced indecent act is relatively weak, the defendant recognizes the crime of this case and reflects his mistake, and the defendant does not want the punishment of the victim by agreement with the victim.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the guidelines for sentencing established by the Supreme Court's Committee on the Punishment of Specific Crimes 1 (Rape) under Article 1 of the Act on the Punishment of Specific Crimes (Rape between June and March 6) [the scope of the recommended punishment] under the scope of the punishment for rape (one year to June 3) (one year and six years), under the scope of mitigation (general rape) (one year and six years), the scope of the punishment for the defendant [the person subject to special mitigation] under Article 2 of the Act on the Punishment of Specific Indecent Acts (Offense of Indecent Act) [the scope of the punishment] under the general standards, the court below judged that the punishment for the defendant was to be mitigated for six years and six years, considering the degree of punishment for the defendant's specific mitigation area (limited to 13 years or more).

Therefore, the defendant's argument is justified.

In conclusion, the defendant's appeal is justified.

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