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(영문) 광주고등법원 (전주) 2014.01.07 2013노248

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the lower court’s imprisonment (one year of imprisonment, etc.) against the Defendant is too unreasonable.

B. A prosecutor 1) Taking into account the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order even if the Defendant’s assertion on the attachment order is recognized as the risk of repeating

2. Determination

A. The part of the defendant's case (with regard to the argument of unfair sentencing by the defendant and the prosecutor) is that the defendant, who is in a position to protect and supervise the victims who are married, has been raped several times for several years by taking advantage of his status. In light of the background and method of the crime, the nature of the crime is very poor, the possibility of social criticism is very high, and the mental impulse and suffering of the victim would also be very high, and the defendant's perception of the crime of this case is against his mistake; the defendant has no record of criminal punishment exceeding the fine; the defendant has no record of criminal punishment; the defendant's age, character and behavior, environment, the result of the crime of this case, circumstances after the crime of this case, etc., the defendant's punishment against the defendant is recognized to be within the proper scope of punishment; therefore, the grounds for appeal by the defendant and the prosecutor on unfair sentencing are not accepted.

B. The lower court’s judgment on the following grounds: (a) the Defendant has no record of criminal punishment other than sentenced to a fine of KRW 200,000 due to a minor’s constructive indecent act, etc. around 198; and (b) the Defendant has no record of being sentenced to criminal punishment.