logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.06.10 2020노57
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

Reasons

1. Reasons for appeal;

A. The lower court’s imprisonment (10 years of imprisonment) is too unreasonable for the Defendant and the person requesting a probation order (hereinafter “Defendant”).

(B) The defendant explicitly withdraws his assertion of mistake on the first day of this Court.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant’s crime in the part of the instant case committed a sexual crime by force by taking advantage of the Defendant’s superior position as the victim’s shesheshesheshe was in the victim’s de facto shesheshesheshesheshe was in the victim’s position, and continuously committed a sexual crime, such as two times from 10 to 15 years of age, and six times of sexual intercourse, and taking two times of the victim’s sexual intercourse against the victim’s will, and the crime is not very good in light of the motive for the crime, frequency of the crime, method of the crime, etc.

The Defendant, while having neglected the responsibility to protect and rear the victims in a sound manner, took the victims of the young age as the object of sexual desire, and committed an anti-human crime that commits an indecent act and induces the victims several times, so serious punishment corresponding to the liability for such crime is inevitable.

The crime of this case seems to have been affected by the negative impacts on the formation of sound sexual values and physical and mental suffering to the extent that it is difficult to recover.

However, the defendant has no criminal records of the same kind.

The defendant has long supported his spouse and victim in a de facto marriage who was in an economically difficult position.

In addition, while the defendant is detained as the crime of this case, he seems to have repented his wrong in depth through several objections, etc.

In addition to these various circumstances, there are no changes in the conditions of sentencing between the first instance court and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

arrow