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(영문) 서울고등법원 2019.06.13 2019노246
강간치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

Reasons

The summary of the grounds for appeal (e.g., imprisonment and six years, etc.) of the lower court is too unreasonable.

Judgment

The Defendant, according to the victim C (Inn, the name) who was on the way, her hand prevented him from entering and threatening to resist his arms, and led him to the building on the way, and led him into the building on the way, and led him to rape in the course of such rape.

Then, the defendant was killed by the victim G from another building corridor in the vicinity of the building.

As such, the defendant committed a crime against the victims who are entirely unaware of, and was in a situation that could cause more severe damage, the responsibility for the crime is very heavy.

This is disadvantageous to the defendant.

On the other hand, the victim is against all crimes of late late, and the defendant's family members and branch members are waiting to guide the defendant's wife.

No injury suffered by victims shall be severe.

The defendant has no criminal records, except once he/she has taken a disposition of suspending indictment for violent crimes.

The defendant was not punished for the defendant by mutual agreement with the victims.

This is the circumstances favorable to the defendant.

In addition to these circumstances, comprehensively taking account of the following factors: (a) the young age of the Defendant was 21; (b) the Defendant’s career, environment; (c) family relationship; and (d) the background and result of the instant crime; and (d) the circumstances after the instant crime, the sentence imposed by the lower court is excessively unreasonable.

Defendant’s assertion is with merit.

As 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 following is ruled again.

[Discied Reasons] Criminal facts and summary of evidence recognized by this court are the judgment of the defendant in the summary column of evidence.

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