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(영문) 광주고등법원 (제주) 2019.10.16 2019노72
준강간교사등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s conviction was found to have reached the trial for the first time, the fact that the Defendant partially considered the background leading up to each of the crimes in this case, the theft crime was long before the Defendant received juvenile protective disposition due to other larceny crimes, his relatives are able to look at and guide the Defendant, and the Defendant did not have any criminal record other than juvenile protective disposition, it is unreasonable for the lower court to have sentenced the Defendant to imprisonment (five years of imprisonment, eight hours of imprisonment, 80 hours of imprisonment, five years of employment restriction order) so far as it is too unreasonable.

B. Considering that Defendant B’s mistake was recognized by Defendant B, Defendant committed the instant crime contingently, and Defendant did not have any criminal record other than juvenile protective disposition, the sentence imposed by the lower court against the Defendant (two years and six months of imprisonment, 80 hours of order to complete a program, and 5 years of employment restriction order) is too unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant A, the Defendant committed an indecent act against the victim in a state of mental disorder or impossibility to resist due to his taking-out, and instigated the above Defendant B to have sexual intercourse with the victim in the above state. In light of the circumstances and methods, the crime committed by the above Defendant is very poor.

The above crime committed by the defendant seems to have suffered mental suffering from the victim token, and the defendant was not able to have been used by the victim.

In addition, the defendant committed a crime that does not undergo a follow-up physical examination on the date of duty performance, even after he received a written notice of a follow-up physical examination from a draft physical examiner, after entering another victim's house.

This is the defendant's age, character and conduct, environment, motive and circumstance of each of the crimes in this case, and the means and result of the crimes.

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