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(영문) 대구고등법원 2020.12.09 2020노400

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The defendant's appeal is dismissed.

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the request for attachment order, the request for attachment order, and the request for probation order, and as such, only the Defendant appealed, there is no benefit of appeal regarding the part regarding the request for attachment order and the request for probation order.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the request for attachment order and the request for probation order are excluded from the scope of the trial of this court.

2. The summary of the grounds for appeal (12 years of imprisonment) by the lower court is too unreasonable.

3. Determination

A. The Defendant has recognized all the crimes of this case, and appears to reflect the wrongness, and the Defendant has no record of being punished for the same kind of crime.

The victims' friendly mother want the defendant's wife and do not want to punish the defendant.

After spouse's divorce, the defendant has brought up four children including victims.

However, although the defendant has a duty to protect the victims in a healthy and safe manner as a relative of the victims, he/she committed an anti-human act of rape and indecent act by compulsion on several occasions by taking the victims as the object of solving their distorted sexual desire.

The instant crime was committed repeatedly for a considerable period from the time when the victims reached the age of 9 to the time when they reached the age of 14.

In full view of the contents, period and frequency of the crime, age and relationship between the defendant and the victims, etc., the crime of this case is very bad, and the possibility of criticism is very high.

The victims seem to have suffered serious mental pain and shock to the extent that they could not measure the crime of this case.