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(영문) 서울고등법원 2018.11.15 2018노2307
유사강간치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Unless there are special circumstances under which disclosure order, notification order, and employment restriction order should not be disclosed to the accused’s personal information, and there are no special circumstances under which the lower court did not issue an employment restriction order to the accused, it is unreasonable for the lower court to order the disclosure, notification order, and employment restriction order to the accused.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant, in light of the following: (a) the Defendant inflicted bodily injury on the victim during the process of dispute with the victim who had attended the Defendant at the time; (b) inflicted bodily injury upon the victim by committing similar rape; and (c) threatened the victim by photographing the body of the victim; and (d) the nature of the crime is not good in light of the details and content of the crime; and (e) the relationship with the victim, etc., even though the victim was aware of considerable mental suffering and suffering from the instant crime; and (b) the Defendant did not receive a letter or reach an agreement from the victim up to the trial.

However, the Defendant recognized the entire crime of this case, divided and reflected his mistake, and the Defendant did not have the same sexual record, and there was no particular change in the sentencing conditions compared with the original judgment, and the sentencing of the lower court exceeded the reasonable scope of discretion.

In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, conditions of sentencing specified in the argument of the instant case, such as circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above assertion by the defendant and the prosecutor is not unreasonable.

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