(영문) 서울고등법원 2014.05.15 2014노752 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.05.15 2014노752

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (compacted one year and six months of imprisonment, and forty-hour order of sexual assault treatment programs) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. We examine both the Defendant and the prosecutor’s assertion of unreasonable sentencing.

Considering the fact that the crime of rape in this case was committed by the defendant while drinking alcohol with the victim and leading the victim to the rape, and the nature of the crime is grave in light of the circumstances and content of the crime, and that the victim seems to have suffered considerable mental harm due to the rape crime in this case, it is necessary to punish the defendant strictly.

However, the court below's punishment is too unreasonable in light of all the factors of sentencing, including the defendant's age, character and conduct, relationship with the victim, motive, means, consequence, etc., and all other factors of sentencing, including the defendant's age, character and behavior, the victim's relationship with the victim, the motive, consequence, etc. of the crime, and the circumstances after the crime, etc., are considered as being too unreasonable, and it seems that the court below's punishment is too unreasonable in light of the following factors of sentencing: the defendant led to the confession of the crime of the damage to the property of this case since the investigative agency; the rape of this case was committed in the trial; the defendant consented to the confession of the crime of the crime of the damage to the property of this case; and the victim of the rape of this case was also the victim of the crime of this case.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence are set forth in Section 2 of the original judgment.

참조조문

-형사소송법 제364조 제6항

유사 판례

-대전고등법원 (청주) 2016.10.20 2016노105

-서울고등법원 2014.12.04 2014노3168

-서울북부지방법원 2014.03.28 2014노58

-대구지방법원 2014.09.24 2014노1234

-대구고등법원 2014.04.03 2013노605