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(영문) 부산고등법원 (창원) 2015.09.16 2015노246
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment) is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors or neutral and objective sentencing factors, such as the fact that the defendant recognized the crime of this case and seriously reflects the defendant, that the defendant does not want the punishment against the defendant by mutual consent with the victim, that the defendant does not have any record of punishment for sexual crimes and that the defendant does not have any criminal record of suspended execution or more.

However, each of the crimes and crimes of this case, which are recognized by evidence, evidence law and legal principles, is a case where, as a migrant woman of Cambodia's nationality, it has been rapeed to defend his own life in Korea and has yet been vulnerable to defending him, and it seems that mental suffering is very high, the victim and the child of the defendant caused divorce due to the defendant's anti-humane crime, the victim and the child of the defendant caused divorce, even according to the traditional law of the Republic of Korea, there are two systems, and therefore, it is difficult to positively consider the motive for the crime of the defendant's assertion, and there is also an unfavorable or neutral and objective sentencing element.

In full view of the aforementioned factors and sentencing guidelines, and the statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in the Relationship of Relatives) and the scope of applicable sentences (limited to 7 years or more and 15 years of imprisonment), the sentencing cases for similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstances leading to each of the crimes in this case, the means and consequence of the crimes in this case, the circumstances after the crime, the circumstances of the court below’s punishment close to the lower limit of the applicable sentences, and the fact that the suspension of execution of imprisonment is not legally allowed according to the applicable sentences and recommendations, etc., the punishment imposed by the court below cannot be deemed to be excessive to the extent that it should be reversed.

Therefore, the defendant's argument is without merit.

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