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(영문) 서울고등법원 2017.03.28 2016노4074
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The Defendant, as a minor, committed the instant crime by forcing the victim, who is one’s own wife, to commit an indecent act twice. In light of the fact that the victim was 14 years of age at the time of the first crime, the Defendant’s wife and his/her wife and his/her father together with his/her dependants, and the victim was 16 years of age at the time of the second crime, and that the victim was a minor at the age of 16, it is necessary to punish the Defendant significantly due to very poor nature of the crime.

However, there are circumstances favorable to the defendant that the defendant led to the confession of the crime of this case and is in depth of his mistake, and that the victim and his legal representative agree with the victim by paying the agreed amount to the victim and the mother, who is the legal representative, does not want the punishment of the defendant. In addition to the punishment of the fine for the crime of this case two times in the past, the fact that the defendant has no other record of the crime is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, relationship between the defendant and the victim, means and result of the crime, etc., various sentencing conditions as shown in the arguments in this case, and the scope of the recommended sentence and the criteria for the suspension of execution according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for the new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, fall under the column of the judgment below.

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