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(영문) 서울고등법원 2015.11.26 2015노2444
준강간등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

but for three years from the date this judgment becomes final.

Reasons

A. The crime of quasi-rape was committed when the Defendant had sexual intercourse with the victim at first time on the day of the instant case with drinking alcohol, which led to the victim having been unable to resist due to sleep. The crime committed by the Defendant appears to have suffered a huge shock and pain that the victim could have been unable to recover mentally. The Defendant committed the crime of drinking alcohol in this case even if he had already been subject to two times or more due to the crime of drinking alcohol driving, and thus, committed the crime of drinking alcohol in this case, and thus, the crime of this case was committed disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to have committed the crime of quasi-rape of this case in a somewhat dynamic manner, that the defendant did not have any previous record of committing sexual assault and has no record of criminal punishment exceeding the fine, and that the victim does not want the punishment against the defendant by mutual consent with the victim of the quasi-rape of this case in the past and in the past.

In addition, the above circumstances and the defendant's age, character and conduct, family environment, family relationship, circumstances after the crime, etc. and the recommended sentence scope (one year and six months of imprisonment) according to the sentencing guidelines set by the Sentencing Commission (the scope of recommending punishment) [the scope of recommending punishment] of the mitigation area (one year and six months to three years of age) of the mitigation area (one year and six years of general rape) of the mitigation area (one year and six years of age)] of the first type of the crime of rape (special mitigation]* Provided, That the sentencing guidelines are not set for the crime of violation of the Road Traffic Act, so the sentencing guidelines are not set, the lower limit of the sentencing range is set in the sentencing guidelines for the crime of quasi-rape in which the sentencing guidelines are set. All of the guidelines and the probation period

Where a conviction becomes final and conclusive due to the crime of quasi-rape in which personal information is registered, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

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