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(영문) 서울고등법원 2016.09.13 2016노1998
강간등
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

The decision of the court below on the grounds of appeal (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an indecent act committed by rape or coercion of the victims who are the students of high school, and the responsibility for the crime is very heavy, and the victims and especially victims C appear to have suffered considerable physical and mental pain are considered to be disadvantageous to the defendant.

On the other hand, the fact that there is no criminal record against the defendant, the degree of exercise of force against the victim C is relatively minor, the defendant recognizes the crime of this case and reflects it, and the victims do not want the punishment of the defendant by agreement with the victims during the trial.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime in this case, and the guidelines for sentencing established by the Supreme Court Decision 1 of the scope of sentencing (the scope of recommended punishment from June to March 6) pursuant to the guidelines for sentencing (the scope of punishment) pursuant to the general guidelines for the crime of rape (the crime of rape) in the area of mitigation (1 year to June 3) (1 year) (the person subject to special mitigation) in the area of mitigation (1 year to June 3) (the person subject to special mitigation) (the scope of punishment) in the area of mitigation (the crime of forced indecent act (the crime of forced indecent act) in the area of mitigation (the scope of punishment) pursuant to the general guidelines for the crime of forced indecent act (the person subject to general coercions more than 13 years of age) in the area of mitigation (1 to 1 year), the court below held that the punishment of the defendant is too unfair in the scope of sentence for one year to June 6 and six years of suspended execution.

Therefore, the defendant's argument is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

【Grounds for the new judgment】

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