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(영문) 서울고등법원 2014.11.06 2014노2717
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

B. The court below's improper order to disclose personal information for two years that the court below ordered the defendant to disclose the information is unfair.

2. The instant crime on the assertion of unreasonable sentencing is an act of rapeing a victim following his night, and the nature of the instant crime is bad.

As a result, the victim suffered a considerable mental suffering.

However, in the appellate trial, the defendant recognized all of the crimes of this case, and divided his mistake, and the victim does not want the punishment of the defendant by mutual consent with the victim.

The defendant did not have any record of committing a crime against a youth of 28 years of age who graduated from the university of this year, and the crime of this case also seems to have been committed dynamicly.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all of the sentencing conditions shown in the arguments in this case and the recommended sentencing range of the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. If so, the defendant's appeal is justified. Thus, without examining the remaining arguments, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as seen in the preceding two paragraphs);

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the aforementioned paragraph (2));

1. The punishment, etc. of sexual assault crimes;

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