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(영문) 서울고등법원 2018.10.16 2018노1371
강간등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that from the date of this judgment.

Reasons

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and convicted the remainder of the facts charged.

Although the prosecutor filed an appeal against the whole of the judgment below, he did not assert the grounds for appeal concerning the dismissal of the indictment.

Thus, the dismissal part of the indictment was exempted from the object of attack and defense between the parties and was de facto relieved from the object of trial.

Therefore, the conclusion of the court below is followed with respect to this part, and it is not judged separately in the trial.

2. The summary of the grounds for appeal (unfair sentencing) is too unfased and unreasonable. The sentence of the lower court (an order to suspend the execution of three years of imprisonment with prison labor, five years of probation, and an order to attend a sexual assault treatment lecture for 40 hours of imprisonment)

3. The injured party expressed his/her intention that he/she does not want the punishment of the accused during the original trial, and thereafter the accused is against each of the crimes of sexual assault in this case.

There is no criminal history against the defendant, and there is a lot of room to improve the character and behavior of the defendant as a student who has become an adult (including university leave).

These circumstances are favorable to the defendant.

On the other hand, the defendant led a person who demands different types of sexual intercourse, rape and similar rapes several times in a virtual and variable way, taken the form of cellular phone camera to increase sexual humiliation of the victim.

In light of the fact that each of the crimes of sexual assault in this case committed several times on the same opportunity as that of the victim, such as the process, content, and method of the above crime, and in particular, using a dynamic method, etc., the sexual assault in this case is very bad.

The victim seems to have suffered serious sexual humiliation and physical mental suffering due to each of the crimes of sexual assault in this case.

Even after the Defendant committed each of the crimes of sexual assault in this case, it is re-written to the victim.

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