(영문) 서울고등법원 2018.03.30 2017노3438 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.03.30 2017노3438

준강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. The crime of this case was committed by the Defendant for a long time with the victim and each other, who did not have any particular relationship with the victim and each other, after drinking the alcohol at the main place, and went into the me to drink the alcohol more, and the victim was quasi-rapeed under the influence of alcohol, and thus, the victim seems to have suffered a considerable sexual humiliation and mental impulse.

However, if the defendant recognizes the crime of this case as a principal offender and is deemed to have committed the crime of this case in good faith, and the parent of the defendant is also responsible and the defendant is able to guide the defendant, it is hard to comprehensively examine other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the court below's judgment. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount ( considered favorable circumstances among the grounds for reversal as above);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Exemption from any disclosure order and any notification order:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

유사 판례

-서울중앙지방법원 2017.10.27. 선고 2017고합535 판결

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