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(영문) 부산고등법원 (창원) 2019.06.19 2019노72
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 80 hours ordered to complete a sexual assault treatment program) imposed by the court below is too unreasonable.

2. The crime of quasi-rape of this case is a case in which the Defendant continued to drink and drink the alcohol while the Defendant was under the influence of a juvenile, while drinking the alcohol with the victim, and the victim was sexual intercourse with the victim under the influence of alcohol. The crime of drinking under the influence of alcohol in this case is a case in which the Defendant driven a vehicle while under the influence of alcohol and driven on an expressway; in light of the content and circumstances of each crime, the crime is very heavy; in light of the crime of quasi-rape of this case, the Defendant was under the influence of alcohol, resulting in a significant mental shock of the victim; and the victim was deemed to have suffered a considerable sense of sense of sexual shame; and this is likely to have a negative impact on the formation of sound sexual values in the future, etc. that are disadvantageous to the Defendant.

On the other hand, the court below denied the defendant's intention of quasi-rape, but the defendant recognized all of the crimes of this case in the first instance and reflects his mistake in depth, and the victim does not want the punishment against the defendant in the first instance court, there is no criminal record exceeding the same criminal record or fine, and there is no social relationship between the defendant's family and his wife clearly, such as that the defendant's family and his wife want to take the lead of the defendant, and that there is clear social relationship with the defendant.

In addition to the above circumstances and the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (at least three years of imprisonment

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

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