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(영문) 서울고등법원 2017.07.20 2017노1243
준강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the information to the defendant, it is improper that the court below did not issue an order to disclose or notify the information to the defendant.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant, in light of the following: (a) the Defendant was engaged in job-seeking activities without obtaining the status of stay for job-seeking activities; (b) the victim, who is a partner in the workplace, has sexual intercourse by taking advantage of the state of impossibility of resistance under the influence of alcohol; and (c) the Defendant did not agree with the victim up to the trial.

However, there is no change in the conditions of sentencing compared to the original court, and the sentencing of the original court exceeded the reasonable scope of discretion, since the defendant has divided his mistake, the defendant is the primary offender, and there is no change in the conditions of sentencing compared to the original court

In addition, considering the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfasible. Thus, the above argument by the Defendant and the Prosecutor is without merit.

B. The lower court’s determination on the prosecutor’s improper assertion of disclosure and notification order 1) The Defendant’s age and nationality, the background leading up to the Defendant’s stay in the Republic of Korea, the type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, and the prevention of sexual crimes subject to registration that may be achieved therefrom.

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