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(영문) 광주고등법원 2015.03.19 2014노567

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six years of imprisonment) is too unreasonable.

Judgment

Prior to the instant case, there is no criminal punishment for the Defendant, the mother of the victim does not want to be punished for the Defendant, and the Defendant is an old age that the health status is not good for the Defendant.

However, even though the defendant was in a special trust relationship that needs to protect a female victim under the age of 13, such expectation was less and more has committed the crime of this case for a long time, the victim and the victim still wanted to have a strict punishment against the defendant. In light of the circumstances and process that revealed the crime of this case, the victim is thought to have been suffered due to the crime of this case, and it appears that the victim would not return to the family due to the shock, in particular, to the defendant's disadvantage.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, the background of the instant crime, the circumstances after the instant crime, and the sentencing guidelines of the Sentencing Committee (two years to 14 years), the lower court’s punishment is not unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.