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(영문) 대전고등법원 2019.09.27 2019노276
준유사강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (two years of imprisonment, forty hours of sexual assault treatment programs, and three years of employment restriction).

2. The Defendant considered that he/she would be able to be able to future employment while undergoing an interview for the recruitment of a company to which he/she works as a director, and was drinking only to the victims who have practiced in the above company.

The Defendant committed an indecent act and similar rape against the victim who sexual intercourse with her mother, thereby committing an indecent act.

The defendant's crime cannot be said to be less light of the nature of the crime.

At the time of the instant case, the Defendant was well aware of the urgency of the victim who wanted to find a job, and even though it is natural that the victim had a friendly and correct attitude of the victim, which could affect the employment, the victim also sent a sense at the drinking place.

The act of similar rape in this case denied the victim's implied consent to the crime and tried to avoid his responsibility.

Accordingly, not only the investigation agency but also the court of the court below should appeal to the victim's loss and suppression.

After such crimes, the circumstances after such crimes should also be fully considered in determining the defendant's punishment.

However, the defendant shows his attitude to recognize and reflect his criminal act at the latest after being detained in the court.

The defendant is an elementary offender who has no criminal punishment.

In the first instance, the victim agreed with the victim, and the victim is the defendant's wife.

Considering the above various circumstances and the defendant's age, character and conduct, environment, family relations, records of crimes, criminal records, circumstances after crimes, and results, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Conclusion.

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