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(영문) 서울고등법원 2018.05.01 2018노744
유사강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a sentence of imprisonment with prison labor for a period of one year and six months, and an order to complete a sexual assault treatment program of 80 hours) is too unreasonable.

2. The Defendant, along with the officers of the University Student Association, committed the instant crime by taking back the victim’s resistance by leaving the victim’s non-human being in the middle of the training meeting in the middle of the training group, and putting the victim’s fingers away by assault, thereby committing the instant crime. In light of the relationship between the Defendant and the victim, the details and methods of the crime, etc., such crime is very poor.

The victims, who were students of universities at 18 years of age at the time, appeared to have suffered significant physical and mental impulses and pains with considerable sexual humiliations due to the Defendant’s crime. In fact, not only during the crime of this case but also during the process of agreement with the Defendant inside the student council and within the university immediately after the crime of this case, they seem to have suffered serious mental pain due to the Defendant’s speech and behavior.

Such circumstances are disadvantageous to the defendant.

However, since the defendant was found to have committed the crime of this case and his mistake is recognized in depth, the victim does not want the punishment of the defendant in agreement with the victim immediately after the decision of the court below was made, and the fact that the defendant was the first offender who had no record of the crime before the crime of this case is favorable to the defendant.

In addition, the defendant's age, sexual conduct, environment, family relationship, relationship between the defendant and the victim, method and result of the crime, and the scope of the recommended sentencing guidelines set forth in the argument of the Supreme Court after the crime of this case / [the scope of the recommended punishment] general standards for rape (one year or two years) in the mitigation area (one year or two years): adult similar rape (the upper and lower limit of the range of the punishment).

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