(영문) 대구고등법원 2016.02.16 2015노635 | 리걸엔진

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(영문) 대구고등법원 2016.02.16 2015노635

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (17 years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court in the part of the case of the Defendant (unfair sentencing) is too uneasible and unreasonable.

2) The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant despite the risk of recommitting a sexual crime is unlawful.

2. Determination

A. As to the unjust assertion of sentencing by the defendant and the prosecutor, it is favorable to the defendant that the defendant has no record of criminal punishment except twice a fine due to traffic crimes; that the defendant is aware of the crime and reflects his/her mistake in depth; that the victim injured his/her reputation and did not want to strong punishment against the defendant.

However, the crime of this case is extremely serious in light of the law and content of the crime, since the defendant, as the father of the victim, has a duty to protect and rear the victim, who is a father of the victim, but is merely 12 years old, has sexual intercourse with the victim by force repeatedly over one year and three months, as the object of resolving sexual desire.

As the mother of the injured party was the disabled in the second degree of intellectual disability and both the birth of the injured party were age, the injured party was bound to take responsibility for sexual assault of the accused without any request for rescue from other family members. Accordingly, the injured party was pregnant by the defendant. The injured party did not know of this fact and did not take any medical measures to continue committing the crime, and eventually, the injured party was able to take care of the age of 14.

As above, the victim is unable to recover throughout his/her life due to the crime of anti-humanity and anti-social behavior of the defendant.

유사 판례

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