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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2015.04.23 2015노98
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too heavy or unreasonable;

2. The circumstances are favorable to the defendant, such as the fact that the victim and the wife of the defendant, his relative, did not want to be punished against the defendant; that the defendant led to his confession and reflects against each of the crimes of this case; that the types of force used for each of the crimes of this case are not strong; that the defendant's family and local communities are considerably solid; that the relationship and support between the defendant's family and local communities are considerably solid; and that the defendant does not have any criminal punishment heavier than the suspended sentence prior to the execution of this case.

However, each of the crimes of this case committed by the defendant was committed by the victim sheshel’s wife from six to twelve years of age, and the victim tried to rape several times from the age of 6 to the age of 12, and thus, in light of the general public’s sound common sense, it is difficult for the defendant to easily use the victim in light of the sound common sense. The defendant denied each of the crimes of this case from the examination stage of the suspect before detention to the victim’s reversal of the statement of the victim who is economically dependent on himself/herself, and led the victim to the victim’s change of statement. Each of the crimes of this case committed by the defendant of this case, the victim is bound to have a big mental or physical pain in the course of his/her growth, and it seems that there is a great obstacle to the sound growth and formation

Examining the above favorable or unfavorable circumstances, various sentencing conditions such as Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., and the fact that the statutory penalty for each of the instant crimes is at least 10 years or imprisonment for life and that the lower court sentenced to the minimum punishment that can be selected by means of attempted mitigation and discretionary mitigation, it is too heavy or unbrupted.

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