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(영문) 부산고등법원 (창원) 2020.01.08 2019노306
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, appeal by the person who requested probation order is dismissed.

Reasons

1. The court below's scope of trial is that the defendant and the person requesting probation order (hereinafter "the defendant") filed an appeal against the defendant and the person requesting probation order (hereinafter "the defendant") to issue a probation order with respect to a prosecuted case's request for conviction and probation order, and there is no benefit of appeal as to the part requesting the attachment order.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part concerning the defendant'

2. Summary of grounds for appeal;

A. The sentence of imprisonment (one-year imprisonment, etc.) imposed by the court below on the defendant in part of the defendant's case is too unreasonable.

B. Considering that the part of the request for probation order did not have a high risk of recommitting a sexual crime, it is unreasonable for the lower court to order the Defendant to be put on probation for five years.

3. As to the part of the defendant's case, the fact that the defendant recognized all of the crimes of this case, and repented in depth is favorable to the defendant.

On the other hand, each of the crimes of this case is an act of rape or coercion by force four times against the victims who were under the age of 10 through 15 in a de facto marital relationship with the defendant in the past. In light of the frequency and contents of the crime, the relationship with the defendant and the victims, and the age of the victims, etc., each of the crimes of this case appears to have suffered severe physical and mental pain and severe sexual humiliation, and the defendant was not able to have been used by the victims.

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