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(영문) 대전고등법원 2014.05.09 2014노110

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (12 years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The fact that the defendant made a judgment on the grounds for appeal of this case while making a confession of the crime of this case is against the defendant, and that the defendant has no record of exceeding the fine is an element of sentencing favorable to

However, the crime of this case is a child of 9 years of age who is in the position to rear and protect a victim who is married with the defendant, and has sexual intercourse with the victim who is under the support and protection of the defendant. In light of the method of the crime and the degree of damage, etc., the nature and circumstances of the crime are very heavy in light of the crime and the degree of damage, it is evident that the victim not only suffered physical damage, such as suffering from mountain father and treatment due to the crime of this case, but also suffered mental pain through life, the victim is punished, there is a need to isolate the defendant for a considerable period in order to protect the victim, and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, circumstance of the crime, and circumstances after the crime, etc., the sentencing guidelines set by the Sentencing Commission [the decision of type] the sentencing guidelines set forth in the sentencing guidelines [the scope of recommendations in the sphere of recommendation] / [the scope of recommendation in the sphere of punishment] / [the basic area] / [the punishment of punishment of punishment of punishment]

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.