logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2020.12.09 2020노182
준강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case committed each of the following facts: (a) the victim, who is a subordinate employee of the defendant working at the same workplace, has sexual intercourse with the victim by taking advantage of the state of mental disorder or impossibility to resist by drinking alcohol; (b) the victim could not drive the victim even after the locking; and (c) the victim could not drive the victim even after the locking; and (d) the victim could have suffered considerable physical and mental pain due to each of the crimes of this case, etc., that are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes all of the crimes of this case, and reflects his mistake in depth, and that the victim does not want punishment against the defendant in the trial, and that the defendant has no record of criminal punishment, etc. are favorable to the defendant.

The above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of each of the crimes of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee ( Imprisonment of three to four years);

1. Scope of punishment by law: Three to forty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime (determination of a certain type) or a sex offense;

(a) The scope of the crime of rape (category 1) [the person under 13 years of age] and the general rape [the person under special rape]: The mitigated range of punishment (the recommended range and the scope of recommended punishment], the mitigated range of punishment, one year and six months to three years of imprisonment;

(b) A second crime (a decision on a type of sex offense) or a sex offense;

(a) The scope of the crime of rape (category 1) [the person under 13 years of age] and the general rape [the person under special rape]: The mitigated range of punishment (the recommended range and the scope of recommended punishment], the mitigated range of punishment, one year and six months to three years of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: One year to six years.

arrow