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(영문) 서울고등법원 2019.01.31 2018노2363
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

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

B. It is unreasonable for the lower court to order the disclosure and notification of the information on the Defendant for five years, even though there are special circumstances under which disclosure and notification order should not be disclosed with the Defendant’s personal information.

C. It is unreasonable for the lower court to order the Defendant to restrict employment for 10 years at child and juvenile-related institutions, etc.

2. Determination

A. The instant crime on the assertion of unfair sentencing is inevitable to punish the Defendant on the following grounds: (a) the Defendant rapes the victim B; (b) commits an indecent act by force against the victim F; (c) uses psychotropic drugs by leaving the victim K k with strokes containing the content of the stroke m; (d) taking the victim N’s body against his will after having the victim K strokee; (c) taking the victim N’s body by using mobile phone cameras; and (d) having the victim N take the pictures and videos that cause a sense of sexual humiliation; and (e) having the victim N receive the pictures and videos that cause a sense of sexual humiliation; and (e) having the victims suffer considerable mental shock and suffering from each of the instant crimes; and (e) the Defendant committed various crimes such as indecent act by force, attempted rape, etc. while investigating the victim B by rape; and (e) taking into account the fact that the Act on the Punishment of Crimes is gradually planned and interviewed.

However, when the defendant was in the trial, the defendant recognized the entire crime of this case as soon as possible, divided and reflected his mistake, and the defendant did not have any criminal records, and the defendant did not want the punishment of the above victims by mutual agreement with the victim N, B, and F from the investigative agency to the trial, and made efforts to recover damage, such as paying five million won of the claim amount filed for the action for damages against the victim K.

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