(영문) 서울고등법원 2017.05.11 2017노502 | 리걸엔진

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(영문) 서울고등법원 2017.05.11 2017노502

준강간등

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The defendant's appeal is dismissed.

Reasons

1. On March 9, 2017, a summary of the grounds for appeal submitted by the Defendant, includes the grounds for appeal for mistake of facts, but the Defendant and the defense counsel clearly withdrawn the grounds for appeal for mistake of facts at the first trial date.

The sentence of the lower court (the completion of a sexual assault treatment program with 2 years of imprisonment, 40 hours of imprisonment) is too unreasonable.

2. The Defendant acknowledges all crimes and reflects his or her mistake.

Defendant has no record of being punished for a sex offense.

A victim of an illegal use of a vehicle does not want to punish the defendant, and the amount of damage caused by a larceny is not very significant.

However, each of the quasi-rape crimes of this case is that the defendant has sexual intercourse over three occasions by taking advantage of the victim's potential condition, and the case is not absolutely weak.

In addition, the defendant seems to have threatened other persons living together, such as male-gus of the victim, etc. after the crime was committed, so it is not good that the crime is committed after considering the circumstances after the crime.

In addition, in the case of the thief crime by the defendant, there are many frequency of the crimes, and the quality of the crimes is not good in view of the method of the crimes, and the amount of the fraud is not so big, and the damage caused by each of the above crimes has not been recovered.

Moreover, the Defendant committed each of the crimes of this case without being aware of the fact that he was sentenced to a punishment due to special robbery, etc. and completed the execution of the sentence, even though he was a repeated offender.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the sentencing guidelines for the Supreme Court’s sentencing committee, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

However, in the first instance judgment, the following items shall be omitted.

유사 판례

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-서울고등법원 2017.05.11 2017노324

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