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(영문) 부산고등법원 2020.04.01 2020노2
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1) Unfavorable normal crimes of this case are deemed to have committed indecent acts by inducing the victim who is a knife of the wife to inn, and are not good in view of the background and method of committing the crime. The victim’s kinship (such as sexual humiliation due to the Defendant’s indecent act committed by the mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s mother’s wife’s sexual humiliation as well as human humiliation or mental shock, etc., which

Nevertheless, the Defendant, from the investigative agency to the court of the court below, has been fully denied the Defendant’s crime. Moreover, even if the Defendant intentionally induced the Defendant as a female member, and even argued that the victim is maliciously and is not guilty, thereby causing secondary damage to the victim.

Although the defendant made a confession of the crime later at the time of the trial, the court below has duly adopted and investigated the crime despite the denial of the defendant.

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