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(영문) 서울고등법원 (춘천) 2013.08.14 2013노120
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. On January 18, 1983, the court below rendered a judgment dismissing the prosecutor's request regarding the part of the case of the defendant and the case for which the attachment order was requested. Since only the defendant appealeds against this, the part of the case for which the attachment order was requested does not have any interest in appeal, and thus, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, this part is excluded from the scope of the judgment of this court (see, e.g., Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983). 2. The court below's summary of the grounds for appeal is too unreasonable.

3. Circumstances that can be considered in favor of the defendant, such as the fact that the defendant led to the confession of the crime of this case and shows an attitude against the defendant, and that there is no record of sexual crime.

However, taking into account the following circumstances: (a) the fact that the Defendant was ageed victim due to the instant crime; (b) the Defendant committed the instant crime against the wife in order to satisfy his sexual desire; (c) the victim was punished; (d) the Defendant was able to violate the Road Traffic Act; and (e) the Defendant was able to commit several instances of violation of the Road Traffic Act; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) the motive, means and consequence of the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the instant crime, the sentence imposed by

The defendant's assertion of unfair sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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