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(영문) 수원고등법원 2020.10.16 2020노477
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the three-year imprisonment, etc.) is excessively unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is excessively uneasible and inappropriate. 2) Even if there is a high risk of recidivism by the Defendant’s improper exemption from disclosure and notification of personal information, the lower court exempted the Defendant from the disclosure and notification order of personal information.

2. Determination

A. The lower court determined on the assertion of unfair sentencing by both parties: ① even though the Defendant had a duty to rear and protect the victim in a sound manner as a relative of the victim, the Defendant committed an indecent act on three occasions, and committed an indecent act is significant; accordingly, the victim was suffering from considerable mental pain and seems to have a negative effect on the formation of the right sexual values and identity in the future; ② recognizes and reflects the Defendant’s criminal act; ② has no history of sexual crime; ② has committed a sexual crime against himself/herself; and the Defendant has committed a serious apology to the victim while living away from his/her family; and the victim did not want the Defendant’s punishment; and the Defendant’s wife also tried to have the Defendant’s wife.

There is no new circumstance or special change in circumstances that can be reflected in sentencing even when the court comes to this court, and in full view of all the sentencing conditions of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

B. The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the prosecutor’s improper assertion of exemption from disclosure and notification of personal information, i.e., the Defendant did not have any history of punishment for sexual crimes, and the instant crime is unspecified.

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