(영문) 대전고등법원 2018.09.14 2018노304 | 리걸엔진

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(영문) 대전고등법원 2018.09.14 2018노304

준유사강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program for a period of one year and forty hours) is unreasonable as it is excessively unreasonable.

2. In light of the fact that the Defendant, at a club, drinked with the victim who met the drinking together, and used the victim to commit similar rape, and that the victim appears to have received a considerable sense of sexual humiliation and mental impulse, it is necessary to impose heavy liability on the Defendant corresponding thereto.

However, considering the circumstances favorable to the defendant that the defendant led to the confession of the crime and reflects on the fact that the defendant is the first offender who has no record of the crime, and that the victim did not want the punishment of the defendant by agreement with the victim in the first instance of the trial, the court below's punishment against the defendant is unreasonable by taking into account the overall consideration of the defendant's age, career, sexual conduct, environment, motive and background of the crime, circumstances after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing in favor of the defendant);

1. Special cases concerning the punishment, etc. of sexual assault crimes;

참조조문

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