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(영문) 서울고등법원 2018.05.15 2018노625
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a punishment of two years and half months, and an order to complete a sexual assault treatment program with 80 hours) is too unreasonable.

2. The Defendant committed the instant crime by engaging in sexual intercourse with the victim in an impossible state of resistance by drinking in a singing place. In light of the relationship between the Defendant and the victim, the details and methods of the crime, etc., such crime is very poor.

The victim seems to have suffered a big physical and mental shock and suffering due to the defendant's crime, and the victim seems to have actually suffered a considerable mental suffering due to the defendant's crime and attitude after the crime.

Such circumstances are disadvantageous to the defendant.

However, if the defendant made a confession of the crime of this case when he was in the trial for the first time, and his mistake is divided in depth, when the defendant was in the trial for the first time, the injured person does not want the punishment of the defendant by agreement with the victim, and the defendant submitted a written application for the correction of the defendant, and the defendant did not have any record of sex crime before the crime of this case was committed, and there is no record of criminal punishment exceeding the fine due to the crime of this paper, it is favorable to the defendant

In full view of the above circumstances and other factors, the defendant's age, sexual conduct, environment, family relationship, relationship between the defendant and the victim, the means and result of the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court's Sentencing Committee (the scope of the recommended sentence) in the area of mitigation (one year to six years) (one year to three years), the area of mitigation (special mitigation) (one year to six years), and the criteria for suspended sentence, it is deemed unfair that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument is justified.

3. Conclusion.

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