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(영문) 서울고등법원 2016.07.22 2016노1239
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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 gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant committed quasi-rapes against the victim, who was born in the hotel room as a result of the Defendant’s moving the victim, who was working together in the room of the hotel, into the room of the hotel. The crime of this case is very bad, and the victim appears to have suffered a large sense of sexual humiliation and mental suffering due to the crime of this case.

In the case of the Defendant’s confession of the instant crime for the first time, the Defendant made a confession of the instant crime, against his mistake, and the victim was committed by agreement with the victim, and the victim is not subject to the punishment of the Defendant, and there is no criminal history against the Defendant. At the time of the instant crime, the Defendant was the adult guardian, etc. are favorable to the Defendant.

In light of the above circumstances and various circumstances, including the character, conduct, environment, family relationship, motive, means and consequence of the crime, etc., and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the punishment sentenced by the court below is too unreasonable.

3. Since 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 by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Special cases concerning the punishment, etc. of sexual crimes exempt from disclosure and notification orders;

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