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(영문) 서울고등법원 2018.06.19 2018노1055
중감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of two years and the order to complete a sexual assault treatment program for forty hours) is too unreasonable.

2. Each of the crimes of this case, each of the crimes of this case, which the Defendant suspected of having the victim, who is his spouse, detained the victim, detained him for a considerable period of time, boomed the victim, etc., and rapeed the victim by threatening the victim as if he would endanger his child, etc., and the crime is a bad in light of the purpose, content, and method of the crime.

Each of the crimes of this case seems to have caused considerable mental pain and sexual humiliation.

Such circumstances are disadvantageous to the defendant.

On the other hand, after the pronouncement of the judgment below, the defendant is divorced from the defendant and the victim in litigation, such as divorce with the victim, and the defendant pays consolation money equivalent to the victim, and respond to conciliation with respect to the fact that the house which is almost the only property of the married couple belongs to the victim, and received a letter from the injured party in this case, and in the first instance, each of the crimes of this case is recognized in whole and against his mistake.

In addition, there is no criminal history against the defendant.

These circumstances are favorable to the defendant.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence range and suspension of execution according to the sentencing guidelines established by the Supreme Court sentencing committee, the lower court’s sentence against the Defendant is too unfair.

Therefore, the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again made after pleading as follows.

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