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(영문) 수원고등법원 2020.12.09 2020노547
유사강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. After the brain species operation, the Defendant approached the victim’s body to help the victim to engage in a movement that is not free to engage in due to mathic symptoms, and then committed an indecent act by forcing the victim’s body and by inserting the fingers into a negative part.

The victims suffered from considerable pain, such as sexual impulses and mental impulses, and the suffering seems not to be easily recovered.

There is a criminal record sentenced to a fine of five million won due to a violation of the Act on the Protection of Juveniles against Sexual Abuse in 2001.

B. On the other hand, the Defendant recognized his mistake and against himself, and paid KRW 50 million to the victim’s father in order to recover the damage of the victim at the time of the trial.

C. Based on the above circumstances, examining the sentencing guidelines for the Defendant’s crime of this case and the enactment of the Supreme Court’s sentencing committee are as follows.

1) The scope of applicable sentences under the Act: One crime (similar rape) (the scope of recommended sentences according to the sentencing guidelines) under subparagraph 1 (the general standards for determining sex offenses) of the Act;

(a) Crimes 2 (B) [the scope of the punishment for rape (the scope of recommendation and recommendation shall be included in the first category, and the upper limit and the lower limit of the scope of punishment shall be mitigated to 2/3) of the crime of rape (the crime of rape in the first category) [the first category] and the general rape [the scope of punishment shall be included in the first category, and the upper limit and the lower limit of the range of punishment shall be mitigated to 2/3] of the crime of rape (the crime of rape in the second category] and the second category of the

B. The scope of recommendations according to the criteria for handling multiple crimes of indecent act by force (the range of recommendations and recommendations) (the scope of recommendations and recommendations) without general indecent act by force (the person under 13 years of age or older): the range of recommendations modified according to the applicable sentences (the maximum of crimes No. 2) from 8 months to 4 months (the maximum of crimes No. 1/2). The sentencing guidelines for two years to 4 months are followed.

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