(영문) 서울고등법원 2018.11.30 2018노2318 | 리걸엔진

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(영문) 서울고등법원 2018.11.30 2018노2318

준유사강간등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of two years, the completion of the sexual assault treatment program 40 hours, the restriction on employment of three years, the confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant was the first offender without any previous conviction; (b) recognition of the instant crime; (c) reflects his mistake in depth; and (d) family members need to support the Defendant’s wife; and (c) family members want to support the Defendant’s wife.

On the other hand, the defendant was unable to properly hold the body of the defendant who was engaged in drinking and diving in the bus.

The first indecent act of the victim, the indecent act on the bus, and the indecent act on the bus continued to be committed by the victim's sexual organ, and the victim's her fingers were placed in the victim's sexual organ, and the crime was very poor by taking photographs of the victim's b body pictures against the victim's will, the victim seems to have suffered a considerable sense of sexual humiliation and suffered a considerable mental shock, and the fact that the victim did not receive a letter from the victim is disadvantageous to the defendant.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, sex, environment, motive, background, and method of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that all of the appeals filed by the Defendant and the prosecutor are without merit. It

유사 판례

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