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(영문) 서울고등법원 2015.05.01 2015노284
준강간
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.

except that, for 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 of appeal is too unreasonable.

In addition, there are special circumstances that the defendant is exempted from disclosure disclosure order.

2. Determination

A. The instant crime on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant had sexual intercourse with the victim who had been under the influence of alcohol and had been unable to resist after having taken the victim into the motel; and (b) the victim received mental or physical shock.

The circumstance favorable to the defendant is that the defendant has no criminal history, that the defendant recognized the crime of this case and reflects his mistake in depth, that the victim compensated the victim for damage and did not want the punishment of the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower

B. Determination as to the unjust assertion of disclosure disclosure order and notification order and whether the case constitutes “where there is a special reason to prohibit disclosure of personal information” as a ground for exception to disclosure order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., the characteristic of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, such as the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to disclosure order or notification order, the preventive effect of sexual crimes subject to registration, and the effect of protecting the victims of sexual crimes subject

(Supreme Court Decision 201Do14676 Decided January 27, 2012). In light of the foregoing legal doctrine, the foregoing case’s health care unit and records are recognized.

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