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(영문) 서울고등법원 2020.11.05 2020노1278
준강간치상등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

With respect to the part of the accused case, the court below rendered a judgment dismissing the prosecutor's request regarding the request for attachment order and probation order as to the part of the accused case. Since only the accused appealed, there is no benefit of appeal as to the part of the request for attachment order and probation order.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the judgment below regarding the request for attachment order and probation order is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part of the defendant case

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

Judgment

The Defendant had sexual intercourse with the victim B (tentatively named) under the influence of alcohol, thereby suffering from stress disorder.

A victim B seems to have suffered a considerable mental shock, such as asking for heavy anxiety and depression, due to the instant crime.

Nevertheless, the Defendant committed a crime of indecent act by compulsion against the victim F by compulsion before two months have passed from the person.

It is highly necessary to punish the defendant corresponding to the criminal liability.

However, the defendant recognized each of the crimes of this case and is in depth divided.

At the time of the judgment of the court below, the defendant agreed with the victim F, and the victim B did not want to punish the defendant.

The Defendant has no record of criminal punishment before committing each of the instant crimes.

In addition to the aforementioned circumstances, the lower court’s punishment is too unreasonable in light of the following factors: (a) comprehensively taking account of the Defendant’s age, character and conduct, family relation, social relation, motive and background of the crime, and all the conditions of sentencing revealed in the instant records and pleadings, such as circumstances after the crime.

The defendant's appeal is justified.

The Criminal Procedure Act.

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