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(영문) 대전고등법원 2014.10.17 2014노332
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

The judgment below

an attachment order.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (five years of imprisonment and seven years of an electronic device attachment order) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The lower court’s sentencing is too unjustifiable.

2. Determination on the grounds for appeal

A. As to the part of the defendant's case (judgments on the assertion of unreasonable sentencing by the defendant and the prosecutor), there is no sexual assault against the defendant, and the defendant's act of pening and opposing his mistake late and late is favorable to the defendant.

However, although each of the crimes of this case is responsible for protecting and guiding the defendant's age so that the defendant can grow properly as the victim's father's father's father's relative, the victim who is only 10 to 14 years old by taking advantage of father's trust relationship and superior position was committed by indecent act four times as the object of resolving his sexual desire, and the crime is very poor in light of the object, circumstance and method of the crime, the relation with the victim, and the possibility of criticism is very high, and the victim suffered a big mental suffering due to each of the crimes of this case, and the victim is punished against the defendant, and the defendant has no memory of being drunk for each of the crimes of this case.

In full view of the fact that there appears to be a appearance of avoiding the responsibility of the victim, such as the defendant's age, character and conduct, environment, background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed to be unfair because it is too uneasible.

Therefore, the defendant's assertion of unfair sentencing is without merit and the prosecutor's argument of unfair sentencing is with merit.

B. As to the part of the request for attachment order, as long as the defendant and the prosecutor filed an appeal against the accused case, the probation and location tracking device against the specific criminal is attached.

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