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(영문) 대구고등법원 2018.10.15 2018노326
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date the above judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the completion of a sexual assault treatment program for three years and forty hours) is too unreasonable.

2. Examining the sentencing conditions in the instant case, the crime of this case was committed by the Defendant by pointing out the female-friendly body and her her friend, and the Defendant tried to her fry the victim while drinking in his her own car, even though the victim clearly expressed her intention of refusal over several times, and the victim forced the victim to her fry and continuously her fry, and her fry, and her fry, and her fry was rape by inserting the Defendant’s sexual organ into the victim’s fry, and it is not good that the crime was committed in light of the criminal history, contents, etc. of the crime. The victim who was 19 years old due to the Defendant’s criminal act appears to have caused considerable mental pain and sexual humiliation at the time of committing the crime is disadvantageous to the Defendant.

On the other hand, the defendant's act of committing the crime of this case reflects his mistake and does not repeat again.

In addition, there are no other kinds of crimes except for those punished by a relatively minor fine due to the crime of injury and the violation of the Act on the Establishment of Local Reserve Forces, in particular, the victim and the victim have been provided a letter by mutual consent, and the mother of the defendant wanted the defendant's wife, the mother of the defendant wanted the defendant's wife, and the defendant's social ties relationship is relatively relatively relatively.

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