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(영문) 서울고등법원 2018.06.07 2018노808
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the defendant's mistake is divided and reflected by his mistake, and that the defendant complained of his living room due to the detention of the defendant while the victim wants to leave the defendant's wife by agreement with the victim.

However, even though the crime of this case must be protected and brought up as a relative of the victim, it is not appropriate to commit an indecent act by force against the victim for a long time by taking advantage of the victim's status as a relative, and the nature of the crime is not good. The criminal act of this case reveals mental suffering and suffering that it is difficult to cure the victim, and considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case, conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence, circumstances after the crime, and the scope of the recommended sentence guidelines of the Supreme Court sentencing committee, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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

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