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(영문) 대구고등법원 2017.08.31 2017노242
유사강간치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because the punishment imposed by the defendant (the imprisonment of three years, five years of suspended execution, 40 hours of lectures to treat sexual assault, 160 hours of community service) is too unreasonable.

The sentence sentenced by the court below which is unfair in sentencing of the prosecutor is too unfortunate and unfair.

It is unfair that the court below's improper exemption from disclosure and notification order is unfair to exempt the defendant from disclosure and notification order.

Judgment

Examining the various factors of sentencing in this case regarding each of the unfair arguments of sentencing by the defendant and the prosecutor, it appears that the defendant would be against the mistake while committing the crime. At the court below, the victim does not want the punishment of the defendant, the victim was sentenced several times due to the violation of the Road Traffic Act, and there was no past record of suspended execution or punishment due to the same kind of sex crime, there is a certain occupation and living together with his family, and there is a relatively clear social relationship with his family, such as appeal by the person who has been detained for more than five months in this case, and the time of reflective and self-esteem was considered to have been time for his family.

Meanwhile, the crime of this case is a situation unfavorable to the defendant, such as the crime of this case, where the defendant found the cafeteria in which the defendant scam while drinking alcohol in the night again on the cafeteria and tried to scam the scam with the victim's face and repeated face with the victim's drinking and hand, and rape as soon as possible in the course of the crime, and the victim was inflicted an injury necessary for the victim's treatment of six weeks in light of the crime's circumstances, method, degree of damage, etc., the crime and circumstances are inferior and heavy, and the victim suffered serious injury, and the victim seems to have suffered serious fear and sexual humiliation as well as to have caused serious fear and sexual humiliation.

As above, the sentencing factors favorable or unfavorable to the defendant are different.

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