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(영문) 광주고등법원 2016.06.23 2016노119

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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The defendant's appeal is dismissed.

Reasons

With respect to the defendant case, the court below rendered a judgment of conviction and dismissed the prosecutor's request regarding the request for attachment order, and appealed only by the defendant.

Therefore, the request for attachment order is excluded from the scope of the trial of this court, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, because there is no benefit of appeal.

2. The Defendant alleged mental and physical weakness on the grounds of appeal (written grounds for appeal by the Defendant), but the lower court reduced the mental and physical weakness at the lower court, and the grounds for appeal by this part of the grounds for appeal are without merit.

The defendant, alone with a cerebral disability (Grade I), has raped a son who cannot perform any act, and even though a person subject to registration in a new position has been subject to registration, he/she did not submit personal information.

The victim seems to have suffered severe sexual humiliation and mental shock due to rape crimes.

In this context, considering the fact that the defendant was under suspension of execution after being sentenced to suspended sentence for the same crime as in this case, if he again commits the crime in this case, it is necessary to severely punish the defendant.

In light of the aforementioned circumstances, even if the court below’s determination of the lower court, which set the lowest limit of the applicable sentencing (3 years and six months, and 40 hours order) set at the lower limit of the applicable sentencing under the law, is too unreasonable, considering all of the factors favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime.

The defendant's assertion disputing this is not accepted.

3. Conclusion, the defendant's appeal is dismissed for lack of grounds.