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(영문) 광주고등법원 (제주) 2015.11.11 2015노88

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition of mental disorder or mental disability under the influence of alcohol addiction.

B. The lower court’s sentence of unreasonable sentencing (limited to four years of imprisonment, 80 hours of sexual assault treatment program, and 80 hours of alcohol treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was drinking at the time of the instant crime, but in light of various circumstances such as the background, means, methods, and the Defendant’s act before and after the instant crime, it is not determined that the Defendant was in a state that the Defendant had no or weak ability to discern things due to drinking at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. Although the Defendant, as his father of the victims, has a duty to rear and protect the victims who are children in a sound manner, the Defendant consistently committed physical and emotional abuse against the victims, as well as expressed the victims D as property owned by the victim and made indecent acts by sexually indecent act, which makes it difficult for the victims of her age to have reduced the size of physical and mental suffering due to this, and the victims’ failure to persuade the Defendant, etc. are disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant was raising his child by leaving his wife, that the defendant led to each of the crimes of this case while drinking significantly, that the defendant was sentenced to a fine once for the crime of this case, and that the defendant has no other criminal records except that he was sentenced to a fine once for the crime of this case.

The age, character and conduct, environment, and environment of the defendant.