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(영문) 부산고등법원 2020.05.14 2020노46
준강간등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case is highly poor in light of the relationship with the victim, the circumstances of the crime, and the method of the crime, etc., because the defendant committed sexual intercourse with the victim by taking advantage of a free and enjoyable atmosphere that the defendant can be able to do so in the drinking place between the aftermath and by taking advantage of the breath atmosphere.

The victim who was under 18 years of age at the time of the crime of this case not only was subject to considerable sexual humiliation and mental impulses due to the crime of this case, but also was spread in school after the crime of this case, and it seems that the victim suffered mental pain for a considerable period from the time of the crime of this case since the time of the crime of this case, such as the second continuing to be beyond the scope of the defendant's legitimate exercise of his right of defense in the witness examination procedure conducted in the process of the trial of this case.

However, for the first time, the defendant recognized all of the crimes of this case, divided his mistake, and made a smooth agreement with the victim and expressed his intention that the victim does not want to be punished.

In addition, it seems that the social ties of the defendant are relatively clear, such as the defendant's primary criminal without any criminal power, the family members of the defendant's family are leading the defendant, and the defendant's wife is shot.

In addition to the above circumstances, in light of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the criteria for the sentencing range and the suspension of execution according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence imposed by the lower court against the Defendant is too unreasonable.

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