(영문) 서울고등법원 2016.08.26 2016노1126 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.08.26 2016노1126

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by imprisonment for a term of two years and six months.

(2).

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant A and C (unfair sentencing) is too unreasonable.

B. The Prosecutor’s (unfair sentencing on Defendant B and D)’s sentence is too unhued and unreasonable.

2. Determination

A. The crime of special quasi-rape in this case against Defendant A was committed by Defendant C and B, together with Defendant C, by drinking alcohol to the victim K, resulting in sexual intercourse with the victim. The coercion in this case intended to force the victim to prepare a written agreement by threatening the above victim, in light of the background of the crime, the method and manner of the crime, etc., the crime is very serious, and the crime is deemed to have caused severe mental suffering due to each of the crimes in this case. Defendant A is deemed to have committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) due to the crime of the same veterinary act as the special quasi-rape in this case. Defendant A was sentenced to a suspended sentence of imprisonment for two years and six months, and then committed each of the crimes in this case in this case even though he was currently under the suspended sentence, regardless of the fact that each of the crimes in this case was committed against Defendant A.

Defendant

A was 17 years old at the time of committing each of the crimes in this case, and is still 18 years old, and all of the crimes in this case are recognized and against his mistake, and the fact that the injured party does not want the punishment of the Defendant A by agreement with the injured party in the original trial is favorable to the Defendant A.

In addition, when comprehensively considering various circumstances that are conditions for sentencing, such as Defendant A’s character, conduct, family relationship, environment, etc. and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, it is not recognized that the sentence imposed by the court below against Defendant A is too excessive and unfair.

Therefore, Defendant A’s assertion is without merit.

B. The crime of quasi-rape in this case against Defendant B is committed to Defendant B with Defendant A and C.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

-대전고등법원 2018.06.15 2018노45

-대전고등법원 (청주) 2017.10.19 2017노119

-부산고등법원 2017.06.22 2017노206

-수원지방법원 2016.02.03 2015노7304

-서울고등법원 2018.04.05 2017노3702