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(영문) 서울고등법원 2019.04.30 2019노277
유사강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The abstract of the grounds for appeal is too unreasonable that the original sentence (one year of imprisonment, etc.);

2. The Defendant forced the victim who was in his house to engage in a similar act while he was in the same-sex victim from 15 to 16 years of age.

The crime of this case is a bad quality in light of the relationship between the defendant and the victim, the details and the method of the crime, etc.

The victim seems to have suffered considerable mental impulse due to the crime of this case.

Such circumstances are disadvantageous to the defendant.

On the other hand, for the first time, the defendant recognized the crime of this case and expressed his intention that the victim does not want the punishment against the defendant as a result of the defendant's endeavor to recover damage.

There is no particular criminal history for the accused.

In these circumstances and the poor defendant's family environment, interest in family members is favorable to the defendant.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions (including additional sentencing data in the appellate trial) as shown in the instant argument, and the criteria for the scope of sentencing and the suspension of execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the appeal by the Defendant is well-grounded, and the following judgment is rendered again after pleading.

【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are as stated in the corresponding column of the judgment below, except where the defendant's partial statement "1." is deemed as "1. The defendant's oral statement" as "1. The defendant's oral statement". Thus, the Criminal Procedure Act is the same.

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