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(영문) 서울고등법원 2020.05.22 2020노466
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (two years and six months of imprisonment) is too unreasonable.

2. The following can be considered as a normal situation favorable to the Defendant: (a) the Defendant recognized the instant crime and divided the mistake; (b) the Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner under the influence of alcohol; (c) the Defendant has no record of punishment for the same kind of crime; and (d) the Defendant’s main figures have maintained a social ties relationship, such as the Defendant’s desire to take the Defendant’s wife, etc.

However, the crime of this case is a situation unfavorable to the defendant, where the defendant had sexual intercourse with the victim under the influence of alcohol by the victim while drinking alcohol, and the nature of the crime is not good. The victim, due to the crime of this case, has suffered a considerable sexual and mental impulse, and has expressed his intent to punish the defendant while complaining for such pain until now.

In full view of the above circumstances and other factors, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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