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(영문) 서울고등법원 2020.05.22 2020노43
준강간
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years and six months, etc.) is too unreasonable.

Judgment

The crime of this case was committed with sexual intercourse by reporting that the victim was under the influence of alcohol, who had been living by the defendant's room at the defendant's office.

In the first instance, the fact that the defendant led to the confession of the crime of this case and the mistake is divided, and that the defendant's wife wanted to take the action against the defendant, etc., maintaining the social ties of the defendant, etc. are favorable to the defendant.

On the other hand, the fact that the defendant's crime of this case is not very good, the defendant's crime of this case seems to have suffered considerable sexual reception and mental impulse, and the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, and the scope of recommending punishment according to the sentencing guidelines set by the Supreme Court Decision 201Da1548, the sentence of the lower court cannot be deemed to be too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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