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(영문) 서울고등법원 2018.06.19 2018노1058
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of three years and the order to complete a sexual assault treatment program for forty hours) is too unreasonable.

2. The fact that the defendant recognized the crime of this case for the first time in the judgment of the court, and reflects his mistake, and that the defendant did not have any criminal record of the same kind as the crime of this case, is favorable to the defendant.

On the other hand, the crime of this case was committed by a defendant who is required to safely transport passengers as a taxi driver by taking advantage of a female passenger's non-scoverable condition, and the crime of this case is very bad in light of the course, contents, and method of the crime.

The crime of this case seems to have caused considerable sexual humiliation and mental suffering.

Such circumstances are disadvantageous to the defendant.

In full view of the following circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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