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(영문) 서울고등법원 2018.12.06 2018노2612
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The instant crime requires strict punishment against the Defendant, taking into account the following circumstances: (a) the Defendant committed an indecent act or sexual intercourse on several occasions by taking advantage of the fact that the victimized person, who is a female student, committed the instant crime, and violated ad hoc measure such as not entering the victim’s residence; and (b) the fact that the juvenile, who was able to be able to have suffered considerable sexual humiliation and physical or mental pain due to the instant crime, appears to have been able to have suffered considerable sexual humiliation.

However, it appears that the defendant committed the crime of this case in this case before the establishment of a proper sense of value as to sex by 16 years of age at the time of the first crime. The defendant clearly expresses that he does not have any criminal history, that he does not want the punishment against the defendant, that his mother and his mother want the punishment against the defendant clearly, and that the defendant's age, sex, sex, environment, motive, means and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, etc. are considered, considering other factors such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court, the above argument by the defendant is reasonable. Thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Punishment of the crime

The criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of the victim's 4th page 14 of the judgment of the court below to the victim's 's clothes' as the victim'. Thus, the Criminal Procedure Act is applicable.

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