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(영문) 부산고등법원 (창원) 2019.03.13 2018노293
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a punishment of three years of imprisonment, and orders to complete sexual assault treatment programs with 80 hours of imprisonment) is too unreasonable.

2. The crime of this case in which the defendant, who is in the position of superior in the course of performing his duties, has induced the victim who was under the influence of alcohol after being drunk, and has been sexual intercourse with the defendant by taking advantage of the defendant's failure to resist and taking advantage of the fact that the crime of this case is heavy, and the victim seems to have suffered considerable physical and mental shock and pain due to the crime of this case, etc., is disadvantageous to the defendant.

On the other hand, unlike the judgment of the court below, the defendant recognized all of the crimes of this case in the court below, divided his mistake in depth, and the defendant does not want the punishment of the defendant when he came to the trial, and the defendant seems to have committed the crimes of this case somewhat contingently, and there is no record of criminal punishment against the defendant.

In addition to the above circumstances and the defendant's age, character, conduct and environment, relationship with the victim, motive, means and consequence of the crime of this case, all the sentencing conditions shown in the arguments of this case, such as the motive, means and result of the crime of this case, and the scope of sentencing guidelines established by the Supreme Court Sentencing Committee (one year to six years of imprisonment) according to the sentencing guidelines

(a) Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

B. In full view of the scope of recommendations according to the sentencing guidelines [the decision of types] general criteria for rape (the persons who are older than 13 years of age) and the general criteria for rape [the persons who are specially punished] [the scope of recommendations and recommendations] mitigation area, mitigation area, one year and six months to three years of imprisonment, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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