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(영문) 대구고등법원 2021.01.14 2020노439
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (such as imprisonment with prison labor for three years) is too unreasonable.

2. The judgment of the defendant has become final and conclusive, and the defendant recognized all of the crimes and repented his mistake in depth.

It is also recognized that the degree of damage caused by assault and damage of property is relatively minor, and the victim of property damage does not want punishment against the defendant in the police investigation.

It seems clear that there is no criminal conviction against the defendant for sexual crimes, and that there is a social ties between the defendant and his family.

However, the crime of this case is likely to cause damage to the victim I's property under the influence of alcohol in a restaurant by having the Defendant engage in sexual intercourse with the victim B (a person) who is in a mental and physical loss by drinking water, and assaulting the victim F and preventing it, and the crime of this case is highly likely to be bad, and the nature of the crime is likely to be criticized.

The victim of quasi-rape seems to have suffered a sense of sexual humiliation by committing the crime of the defendant.

Until the depth of the party concerned, the victim of quasi-rape and the victim of the assault have not received or reached an agreement thereon.

In addition, in full view of the records of the instant case, including the Defendant’s age, sex, environment, relationship to victims, motive, means and consequence of the instant crime, and the scope of recommended sentences according to the sentencing guidelines, it cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable.

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

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