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(영문) 부산고등법원 (창원) 2020.02.26 2019노343

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

Reasons

The court below rendered a judgment of dismissal of the prosecutor's request regarding the part of the defendant's case and the part of the case for which the attachment order is requested, and there is no benefit of appeal as to the part for which the attachment order is requested.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, etc.) is too unreasonable.

Judgment

Each of the crimes of this case is that the defendant, who is the father of the victim, committed an indecent act or a similar act by force against the victim who was 14 years and 17 years old at the time of each of the crimes of this case, and committed sexual abuse at the same time, and the responsibility for the crime is very heavy. The victim seems to have suffered considerable physical and mental pain due to each of the crimes of this case, and each of the crimes of this case is likely to have a negative effect on the formation of sound sexual identity and values in the future.

On the other hand, the fact that the defendant recognized each of the crimes of this case and divided the mistake in depth, and that the victim does not want the punishment against the defendant, and that the defendant has no record of criminal punishment, etc. are favorable to the defendant.

In addition, the above circumstances and the Defendant’s age, character and conduct and environment, the motive, means and consequence of each of the instant offenses, and the circumstances after the commission of crimes, etc., committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by each of the items indicated in the judgment below, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and a violation of the Child Welfare