성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable (two years and six months of imprisonment).
2. 판단 이 사건 범행은 피고인이 자신의 며느리를 대상으로 기습적으로 입술과 귀 부분을 핥은 것으로 범행의 경위와 내용, 피고인과 피해자와의 관계 등에 비추어 그 죄질이 좋지 않고, 이로 인하여 피해자는 상당한 성적 수치심을 받았다고
There are circumstances unfavorable to the defendant, such as seen.
However, the extent of the type of force used by the defendant is not relatively more severe, and the victim recognized his mistake and reflects in depth when it comes to the depth, and the victim expressed his intention not to want the punishment against the defendant by mutual consent with the defendant side, but then withdrawn the above punishment non-won due to differences in opinion on the agreed amount, but it appears that the defendant faithfully made efforts to reach an agreement on the victim, but in full view of the circumstances favorable to the defendant, such as the defendant's age, sexual behavior, environment, means and result of the crime, and the circumstances shown in the arguments in this case, such as the fact that the defendant deposited part of the amount for recovery of damage, and there was no history of punishment or punishment heavier than the fine, etc., the punishment of the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The criminal facts recognized by this court are the same as the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
1. The defendant's oral statement in court;
1. The oral statement of the court below by witness E and H;
1. Submission of text, evidentiary materials (Submission of a complainant);
1. Investigation report (Submission of a written opinion by a suspect as a counsel), investigation report (request for digital evidence analysis and its result);