(영문) 서울고등법원 2018.04.20 2017노3214 | 리걸엔진

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줄 간격

자간(%)

(영문) 서울고등법원 2018.04.20 2017노3214

준강간미수등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case was committed by the Defendant, when the Defendant was discovered to have sexual intercourse with a victim in an impossible state, causing bodily harm by expanding the victim’s quality. The Defendant’s crime was committed, and the victim appears to have suffered considerable physical and mental shock and did not recover full damage until this court, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant has recognized all of his own crimes and is in depth divided, and that the defendant committed the crime of this case in contingency under the influence of alcohol and even if he committed the crime of this case, the intention of quasi-rape was committed, and that the defendant has no record of criminal punishment, etc. are favorable to the defendant.

In addition, in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is not deemed that the sentence imposed by the lower court is too heavy or unhued and it goes beyond the reasonable scope of discretion.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

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

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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