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(영문) 서울고등법원 2018.11.15 2018노1712
준유사강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal: The sentence of the lower court’s unfair sentencing (a three-year imprisonment, a period to complete a sexual assault treatment program 40-hour program, and a three-year disclosure or notification of personal information on the accused) is unreasonable, due to excessive fault.

2. The judgment of the defendant is a serious crime where the defendant, while drinking together with the victim D, committed a similar rape of the victim under the influence of alcohol and committed an indecent act by force, and taken the sexual body parts of the other victims.

The victims received significant mental impulses.

In 2016, the Defendant was punished by a fine in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as a camera).

However, the same crime has been committed again.

As such, there is a high possibility of criticism against the defendant.

However, the defendant recognized the crime, made the mistake against the victim, the photograph was not leaked, and the victim was dead.

The victims of this crime were accepted by the victims, and some victims (excluding victims who did not know of their personal history) in the appellate court expressed their intention to punish each of the victims (excluding victims who did not want to be punished).

Defendant

A family member, such as a referring, desires to take the seat of the defendant.

In addition, considering the various sentencing factors in the appellate trial, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of imprisonment with prison labor sentenced by the court below was too severe in the appellate trial, and the amount of the sentence was unjustly determined.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again as follows after pleading.

Pursuant to Article 369 of the Criminal Procedure Act, the corresponding column of the judgment of the court below is cited for this part of the judgment.

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