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(영문) 서울고등법원 2013.05.16 2013노834
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)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. (i) The sentence imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) and the person for whom the attachment order was requested (hereinafter “Defendant”) and the ten (10) years of the disclosure order and the disclosure order were issued is too unreasonable.

The part of the request for attachment order is unfair because the location tracking electronic device attachment period sentenced by the court below against the defendant is too large to 15 years.

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

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, each of the crimes of this case committed several indecent acts or rapes by the Defendant, his or her relative.

It can be said that the defendant has no specific criminal punishment except that he/she has been punished twice by a fine in the past, and that he/she has divided his/her mistake with respect to the crime of this case, is an element for sentencing favorable to the defendant.

However, at the time of the commencement of each of the crimes of this case, the victims' age was over 12 years and 10 years of age respectively; the victims' large daughters, who were the victims, left the victim with the money for raising and protecting, and the defendant committed the crime of this case; the defendant committed physical and mental pain that is difficult to cope with the victims' life by force or rapeing the victims, and the victims are likely to be in need of detention for a considerable period of time; and the victims are likely to be in need of detention in order to recover from the damage. In addition, comprehensively taking account of various factors such as the background and method of the crime of this case, the method and method of the crime of this case, the circumstance before and after the crime, the defendant's age, character and conduct, the age of the victims, and the age of victims, etc., it is not determined that the punishment of the court below against the defendant (12 years of imprisonment) is too weak

Therefore, concerning the part of the defendant's case.

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