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(영문) 광주고등법원 2016.05.12 2016노3
준강간
Text

The prosecutor's appeal is dismissed.

Reasons

The defendant's decision on the prosecutor's unfair argument of sentencing had sexual intercourse with the victim of sexual intercourse under the influence of alcohol.

The victim is believed to have a friendly relationship with one who is not wanting to do so, and it seems that the victim has no choice but to have a considerable mental impulse.

However, the defendant deposited five million won in the court below and endeavored to recover the damage of the victim.

In addition, the defendant is a first offender who has no record of crime, confessions a crime, and repents his mistake.

Defendant

In addition, the mother is also responsible for guiding and supervising the defendant, and the mother appeals against the ship.

In full view of these circumstances, the sentencing of the lower court (two years and six months of imprisonment, suspension of execution four years of suspended execution, and 80 hours of order to attend the course) cannot be said to be unfair because it is too low, taking into account the following circumstances: Defendant’s character and behavior, environment, motive and background of the crime, circumstances after the crime, and sentencing guidelines set forth in the Supreme Court’s sentencing committee.

We do not accept the prior inspection argument on the premise different from this premise.

2. In full view of various circumstances, such as the Defendant’s age, social relation, criminal record, risk of recidivism, details of the crime, disclosure and notification order, the disadvantage of the Defendant resulting from the disclosure and notification order, anticipated side effects and the result of comparison and balancing between expected interests and the expected interests, there are special circumstances that need not disclose and notify the Defendant’s personal information.

Recognized.

We affirm the judgment of the court below to the same purport.

The prosecutor's assertion to challenge this is not accepted.

3. The final appeal is dismissed for lack of reason.

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