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(영문) 서울고등법원 (춘천) 2015.05.08 2015노40

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for five years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Although the defendant had the intent to commit an indecent act against the victim the same body as the facts charged, at that time, he was physically aware of the victim's friendship with the victim, and did not think that he had to pursue sexual humiliation or meet his sexual desire.

The sentence of imprisonment with labor (two years and six months) of the lower court’s sentence of unfair sentencing is excessively unreasonable.

Judgment

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The Defendant’s judgment on the assertion of unfair sentencing repeatedly commits an indecent act against his or her father and the responsibility for the crime is not written by putting his or her hand into his or her clothes, and there is no assault or threat of the victim in the course of an indecent act. The Defendant’s act is merely rhythm and rhythm of his or her own behavior in an investigative agency. While his or her act is justified, the court recognizes and reflects that his or her act is justified, but there is no record of criminal punishment so far, and that he or she has no record of criminal punishment so far, he or she will leave his or her wife to a child protection facility without raising his or her husband or wife directly until his or her children grow up and establish sexual values in the future. The Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime.