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(영문) 수원고등법원 2019.08.22 2019노110

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court on the Defendant (unfair punishment) is too unreasonable. (The Defendant’s imprisonment with prison labor for three years and forty hours and orders to complete sexual assault treatment programs) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Although the defendant is responsible for protecting the victim of 14 years of age who is a blshel’s her father’s son, the defendant committed an indecent act by force over several occasions, committed similar rapes, and the victim used the victim’s her mother’s her mother’s her her her her her her her her her her her her mother’s her her her her her mother’s her her her mother’s her her her her mother’s her her her her mother’s her her mother will not be informed of the fact of the crime or unable to report the defendant, in light of the circumstances, contents, method, etc. of the crime of this case her her her her her her her her indecent act, and the victim is

Meanwhile, there are circumstances favorable to the defendant, such as: (a) the fact that the defendant has mistakenly recognized and reflected the defendant; (b) the victim had already expressed his intention not to punish the defendant for female life who is two years of age born between his mother and the defendant; (c) the wife of the defendant complaining of the difficulty of living due to the absence of the defendant; and (d) the fact that the defendant has no history of punishment in Korea.

Comprehensively taking account of the above circumstances and various circumstances, which are the conditions for sentencing as seen earlier, the Defendant and the prosecutor’s allegation of unfair sentencing is unreasonable, since the lower court’s sentence imposed on the Defendant is heavy or unreasonable.