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(영문) 서울고등법원 2014.10.02 2014노1928
준유사강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment and three years of suspended execution) is too unfluent.

2. The crime of this case is deemed to have committed similar rape between the defendant's female-friendly job offers victim and taken as a dynamic image to the victim, and the crime is deemed to be bad.

As a result, the victim suffered a huge mental suffering, and the victim maintains his/her intent to punish the defendant.

However, the Defendant did not have any criminal history as a youth of 22 years of age, and committed the instant crime in depth while committing himself/herself.

Family members of the defendant also want to take the lead of the defendant, and the defendant's wife.

The crime of this case seems to have been committed by the defendant in a state of alcohol.

In addition, comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, etc., all of the sentencing conditions shown in the argument of the instant case and the recommended range of sentencing guidelines established by the Supreme Court on the crime of quasi-Rape in the instant case, it cannot be deemed that the sentence imposed by the lower court is too unreasonable

Therefore, prosecutor's assertion is without merit.

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

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