beta
(영문) 대구고등법원 2020.08.19 2020노186

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the request for attachment order, the request for attachment order, and the request for probation order, and as such, only the Defendant appealed, there is no benefit of appeal regarding the part regarding the request for attachment order and the request for probation order.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the request for attachment order and the request for probation order are excluded from the scope of the trial of this court.

2. The summary of the reasons for appeal (12 years of imprisonment) by the lower court is too unreasonable.

3. The judgment of the defendant shows the attitude of reflecting the mistake while recognizing all the crimes of this case, and the fact that the defendant has no criminal record exceeding the fine is favorable to the defendant.

However, although the defendant has a duty to protect the victims of young kys so that they can grow healthy and safely, the victim has committed an anti-human act of rape several times by taking the victims as the object of solving his distorted sexual desire.

The instant crime is not limited to a single contingent crime, and the crime was committed repeatedly for a long time from the time of the first crime to the time of the victim's age 12. According to the victim's statement, the number of rapes suffered by the victim from the actual defendant is reached a white time.

In full view of the content of such an anti-human crime, the period and frequency of a long-term continuous crime, the age and relationship between the defendant and the victim, etc., the nature of the crime in this case is very bad, and the possibility of criticism against the defendant is very high.

As a result of the instant crime, sexual humiliation and mental suffering suffered by the victim of the young age at the time of forming sexual identity and values.