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(영문) 광주고등법원 (전주) 2014.12.02 2014노235

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the various sentencing conditions of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the lower court’s punishment (three years of imprisonment and 80 hours of order to complete a sexual assault treatment program) against the Defendant is too unreasonable.

B. A prosecutor 1) Taking into account the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order even if the Defendant’s assertion on the attachment order is recognized as the risk of repeating

2. Determination:

A. We also examine the Defendant and the prosecutor’s argument on unreasonable sentencing.

Although the crime of this case was in a position to protect and supervise the victims and their children, including them, living together with the victims through a marital relationship and a de facto marital relationship until they are married, the crime of this case was committed by force several times for a long time by using their status, and the responsibility for such crime is very heavy and social criticism is very high. In particular, the crime of indecent act against the victims E is very poor in light of the victim's age and form of conduct, etc., and the victim E complained of considerable impact on the mental and physical aspect due to the victim's indecent act by force, and the victim E did not reach an agreement with the victims, and especially the victim D wanted to punish the defendant.

However, there are also circumstances favorable to the defendant, such as the confession of the entire crime of this case and his depth is divided, the victims each three million won, the sum of six million won, and the fact that the defendant had no record of crime.

In addition to these circumstances, the age of the defendant;