logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2020.12.02 2020노154
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The fact that the defendant was found to have committed a crime in the first instance, and the defendant had the attitude of reflecting all the facts of the crime, the fact that the defendant has no criminal records for the same kind of crime, and the defendant suffers from urterology as an old age is favorable to the defendant.

On the other hand, each of the crimes of this case is that the defendant committed an indecent act by force several times and committed sexual intercourse with the victim by force. In light of the relationship between the defendant and the victim, the victim's age, frequency, period, method, circumstances, etc., the responsibility for the crime is very significant. The victim, after his parents divorced around five times, resides in the defendant's house, is economically and emotionally expressed to the defendant and his money. The defendant repeatedly committed an anti-human crime by taking advantage of his status as the object of resolving sexual desire, and it is clear that the victim, who was at the time of forming a sound sexual identity and values, had experienced serious physical and mental pain due to each of the crimes of this case. In fact, around 2018, the victim tried to do knife his hand on or around July 2019, who was suffering from stress disorder and depression, and who was suffering from or did not reach a genuine agreement with the defendant.

In full view of the above circumstances and the character, conduct and environment of the defendant, the motive and background leading up to each of the crimes in this case, the means and methods of committing the crimes, and all of the sentencing conditions shown in the arguments in this case, it is not determined that the sentence imposed by the court below is too unreasonable.

Therefore, it is true.

arrow