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(영문) 서울고등법원 2017.09.26 2017노2064
준강간
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

The fact that there is no record of criminal punishment against the defendant, that the defendant appears to have committed the crime of this case contingent, and that the defendant has made efforts to recover the damage of the victim by inserting an open apology to the disclosure of and against his SNS upon the victim's request after the crime of this case.

On the other hand, the crime of this case is committed by the defendant's sexual intercourse by taking advantage of the state of her ability to resist when the victim under the influence of alcohol was drunk, and therefore, the victim seems to have suffered a big physical suffering with a considerable sense of sexual humiliation. Nevertheless, the fact that the defendant did not receive a written punishment from the victim is disadvantageous to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of the recommended sentence according to the guidelines for sentencing established by the Supreme Court (from June to July 6 of February) / [the scope of the recommended sentence] of the basic area of rape (from June 5 of February) (from June to June of July) (the scope of the recommended sentence) in the basic area of the first category (the scope of general rape) (from June 13 to June of June): The final scope of the sentenced sentence due to the aggravated punishment for which there is no person subject to special sentencing]: From June to June of June of February: In full view of the foregoing, it is not determined that the court below's sentence that deviates from the lower limit of the recommended sentence is unreasonable.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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