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(영문) 서울고등법원 2015.03.20 2014노3717
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is divided in depth, there is no criminal records subject to punishment exceeding a fine, and it is recognized that health condition and family form are hard to find out.

However, the defendant committed an indecent act by force on three occasions against the victim who is her father and wife, and did not receive a letter from the victim.

Taking account of such various circumstances, the lower court determined the Defendant’s imprisonment with prison labor within the scope of two years and six months (one year and two months from June to September) by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the crime; and (d) the lower court’s sentencing is unreasonable as it is unreasonable.

The grounds for appeal cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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