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(영문) 광주고등법원 2018.04.12 2017노503
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (10 years of imprisonment) imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”), is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The fact that the defendant in the judgment on the part of the case of the defendant shows the attitude of recognizing and opposing all of his criminal acts, and that the victim D (hereinafter "victim") was taking the action against the defendant in this court is favorable to the defendant.

However, this case was committed continuously for a long period from 8 to 16 years of age in order to resolve his/her distorted sexual desire, even though the defendant was responsible for protecting the victim as a victim's relative relative, so that the victim may grow physically and mentally, and in order to resolve his/her distorted sexual desire, and the crime is very bad and anti-humane; the defendant expressed his/her intention to actively refuse sexual assault after the victim became a high school student, but the victim neglected it and exercised sexual assault against the victim; the victim was found to have been accused of the victim's direct complaint by investigation agency; the victim was found to have found to have been the victim's direct complaint; the crime of this case was likely to not be resolved easily for the mental and physical suffering suffered by the victim; and the criminal records of the same kind of crime committed against the defendant are the circumstances unfavorable to the defendant.

In full consideration of the following circumstances and other various conditions of sentencing as seen above, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or unhutiled so that it cannot be deemed unfair.

Therefore, the defendant and prosecutor's argument of sentencing is not accepted.

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