beta
(영문) 서울고등법원 2018.01.16 2017노3382

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence (five years of imprisonment, etc.) imposed by the court below on the defendant is too unfluent and unfair.

Judgment

The Defendant, as his wife, committed sexual intercourse and indecent act on the victim (or 15 years old), who has lived together with the enemy as his wife for a considerable period of time, on the victim's residence or on the defendant's vehicle.

In light of the relationship between the defendant and the victim and the circumstances of the crime, the nature of the crime is very poor, and the possibility of criticism is also high.

In fact, the victim was under the care of the defendant's husband and wife due to a de facto disorder, etc., and continued to have committed an indecent act against the defendant since the fourth grade of elementary school, and due to such a reason, the victim seems to have suffered damage due to each of the crimes of this case while he was placed at the seat where he was not able to resist or refuse sexual assault.

The victim appears to have suffered a considerable mental impulse and pain due to each of the crimes of this case (According to the statement at the Seaba Center of the victim, it is confirmed that the victim actually caused a considerable fear and sense of sexual shame at the time of each of the crimes of this case), and in the future, it is anticipated that the victim would have a negative impact on forming sexual identity and values, and the victim was infected with a sexual disease and was under medical treatment due to the Defendant’s crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, each of the crimes in this case is recognized by the defendant, and his mistake is deeply divided, and there is no record of crime prior to each of the crimes in this case.

The mother of the victim and the victim expressed their intention that they do not want the punishment of the defendant.

These circumstances are favorable to the defendant.

In comparison with the first trial, there is no change in the conditions of sentencing, and the first trial sentencing is the reasonable scope of discretion.