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(영문) 대구고등법원 2013.09.11 2013노222
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The appeal by the defendant and the prosecutor concerning the part of the defendant's case shall be dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) The lower court’s sentence (ten years of imprisonment, 100 hours’ order to complete a sexual assault treatment program, and 5 years’ order to disclose information) is too unreasonable. (2) The lower court’s sentence is too uneasible and unreasonable.

B. It is improper to order the defendant to attach an electronic tracking device for 20 years in part of the case of an attachment order.

2. Determination

A. We also examine the defendant and the prosecutor's assertion of unreasonable sentencing regarding the part of the defendant's case.

Around February 2005, the defendant living together with the mother of the victim, who continued to have a legal marital relationship by filing a marriage report on February 2, 2007 on the grounds of the issue of admission of the victim, etc. The mother of the victim, care for the victim, living together with his/her own family, and has been living together with his/her own family life, and has been living together with his/her own family life, such as bringing all the income of the defendant into the family life, and the victim seems to have been aware of his/her own gender until before the crime of this case was committed, and the victim seems to have been aware of his/her own gender, and there is no criminal record of the same punishment power or suspension of execution or more, and the mother of the victim is against the truth, and the mother of the victim is his/her legal representative, and submitted

On the other hand, the crime of this case is an indecent act or rape committed by the defendant for one year from the age of 10 to 11, even though the defendant was in a position to properly rear and protect the victim as a de facto victim after the defendant was reported to the mother of the victim after the marriage with the mother of the victim, and is highly likely to be subject to criticism in light of the law of the crime and the attitude of the act, and the victim's resistance against the victim's refusal to raise and protect the victim.

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