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(영문) 부산고등법원 2017.11.16 2017노551
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years and six months, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case committed by the Defendant is considered to have been quasi-rapeed by the Defendant under the same circumstances as the facts constituting the crime of this case in the judgment of the court below on the ground that the Defendant committed the crime of this case, which was committed by himself, was committed by himself, and the crime of this case was committed by himself, and the crime of this case was committed in light of the details, means, methods and result of the crime, the relationship between the Defendant and the victim, etc., and the crime of this case committed by the Defendant and his family members are deemed to have suffered considerable mental impulse and pain, which are disadvantageous to the Defendant.

On the other hand, the defendant made a confession of the crime of this case from the prosecution to the trial of the party, and his mistake is in depth divided.

The fact that the defendant statements, after the conclusion of the oral argument of the trial, the defendant and the victim have reached an agreement and the victim expressed their intention that the victim does not want to punish the defendant, and the defendant is the first offender who had no previous criminal record before the crime of this case, etc. are favorable to the defendant.

In light of the overall consideration of various sentencing conditions shown in the proceedings of the court below and the party hearing, including the conditions favorable to the defendant, the sentence imposed by the court below is somewhat inappropriate.

Therefore, the above assertion by the defendant is reasonable, while the prosecutor's above assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence thereof.

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