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(영문) 서울고등법원 2018.11.13 2018노1930
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four years.

For the defendant.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the Defendant’s case and the case of the request for attachment order, and only the Defendant appealed.

Therefore, the part of the request for attachment order is excluded from the scope of the trial of this court, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, as there is no benefit of appeal against the case.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of six years and forty hours and orders to complete sexual assault treatment programs) is too unreasonable.

3. The crime of this case is very bad in light of the relationship between the defendant and the victim, the circumstance, content, and method of the crime, etc., when the defendant intending to drink the victim while the defendant was blved with the victim, who was her at home, and attempted to rape the victim, and the victim escaped and attempted to commit the crime.

The victim requested the victim to escape from the nearby convenience store at the time of committing the crime of this case. It seems that the crime of this case seems to have caused severe sexual humiliation and mental suffering, and it would also have a significant negative effect on creating sexual identity and values in the future.

Such circumstances are disadvantageous to the defendant.

On the other hand, the crime of this case itself was committed with attempted attempts, and the defendant is against his wrong recognition.

There is no history of sex offense against the defendant, and there is no criminal record who has been sentenced to more severe punishment than a fine for other crimes.

These circumstances are favorable to the defendant.

In full view of the following circumstances, the lower court’s punishment is too unreasonable in light of the following conditions: Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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