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(영문) 대전고등법원 2017.02.03 2016노351
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 40 hours.

Reasons

1. Illegal sentencing on the summary of reasons for appeal: The sentence of the lower court (two years and six months of imprisonment, and three years of suspended execution) shall be too minor.

2. The judgment of the Defendant forced the victim to commit an indecent act on the ground that he/she was divingd with the kins victim.

Although the defendant shows an attitude to recognize and reflect the crime, there has been only the past record of the crime punished by a fine so far, it can not be seen as unhurding for the defendant in the following reasons.

At the time of committing the instant crime, the Defendant was aware of the fact that the victim, who is a father of the sexual dynamic clothes, was under pressure due to stress due to the problem of divorce and the father's marriage, but, at the same time, the male and female family council, a lower-ranking male, was in the form of living together with the studio of the victims in the barracks and the body of the victims.

The victim was an adult who was peeped at that time and was residing independently in a narrow room in which a male-friendly room is located independently.

At the latest, the Defendant entered the victim's house to find the victim's house at night.

However, at the time, the victim is living in the room of the male-friendly Gu in the barrack, but he thought that the house is narrow and the blicks of his own house are personal, so the defendant does not look at the entry of his own room.

In such a situation, the Defendant was in a relationship with the third village and is fine.

It entered the victim's room.

At the time, the defendant was able to sleep in a place other than the studio of the victim, but he was able to take into account the third village as a steering car, and the victim's end was accepted as it was, and the victim's studio was cut down.

However, the defendant exceeded his clothes on the ground that he was off and she was frightened, panty only and frightened, frying the victim, and fit for the part of the victim. The defendant puts improper correspondence against the adult female female victim.

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