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(영문) 광주고등법원 2017.01.19 2016노364
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the defendant's unfair argument of sentencing was made in this court, and all of the crimes that were denied by the court below are recognized and reflected is favorable to the defendant.

However, the crime of this case is not likely to be committed because the defendant, who is responsible for protecting and raising the victims who are relatives, has abused victims, and committed indecent act against the victim D who is only nine years of age.

In this case, the victims are likely to suffer from mental impulses that are difficult to recover throughout their lives, and there is a concern that they will be a considerable obstacle to their health growth in the future.

Nevertheless, the defendant did not take any measures to recover damage until now and did not receive a letter of apology from the victims.

On August 3, 2007, the Defendant again committed the instant crime even though he was sentenced to three years of imprisonment and four years of suspended execution due to the commission of rape and coercion by force on August 3, 2007.

In full view of such favorable or unfavorable circumstances as the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable in light of various sentencing conditions as shown in the instant records and arguments.

Defendant’s assertion that the lower court’s punishment is unreasonable is rejected.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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