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(영문) 광주고등법원 (제주) 2018.12.19 2018노62

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

In full view of the summary of the grounds for appeal (unfair sentencing) that the defendant recognized and reflecteds the defendant's crime, the victims and the victim B agreed smoothly, and each crime committed against the victim B, the sentence of the court below (the imprisonment of four years, confiscation, and order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

Considering the fact that each of the crimes committed by the prosecutor in this case is significant, serious, and extremely poor, serious damage to the victim B due to each of the crimes in this case, the damage is highly likely to continue in the future, and the defendant has no honor, such as assaulting the victims after submitting a written agreement from the victims, etc., the sentence of the court below is too uneasible and unfair.

Judgment

Each of the crimes of this case is an indecent act by force by the victim B, who is a father of the defendant in a de facto marital relationship and who is only 11 years of age, and who is a relative to the defendant. The above victim C taken the negative part of the victim C over two times, and damaged the front glass of the vehicle C with the front glass of the victim C, and the crime of this case is very poor.

The age victim B seems to have suffered from the mental shock and pain of the defendant who committed each of the above crimes.

Furthermore, the Defendant was sentenced to two years of imprisonment for violating the Labor Standards Act in 2014, and sentenced to the punishment, and committed each of the crimes of this case during the repeated crime period.

However, the defendant appears to have the attitude of reflecting each of the crimes in this case, and the victims do not want to be punished against the defendant, and there is no record of the same crime against the defendant.

As above, the motive, means, and result of the instant crime, the circumstances after the commission of the crime, the age of the Defendant, the sexual conduct, and the family environment, etc. are shown in the pleadings of the instant case.