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(영문) 광주고등법원 (제주) 2018.03.14 2017노80
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. In full view of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes and reflects the Defendant’s criminal act; (b) has no criminal record for the same kind of crime; (c) efforts are made to recover damage to the victim; and (d) the instant crime is an contingent crime, the lower court’s punishment (i.e., imprisonment for a period of seven years and 120 hours) is too unreasonable.

2. The instant crime committed by the Defendant, who is his relative, committed an indecent act against the victim by using the gaps that the victim was diving in his ward, and sexual intercourse with the victim, and the crime committed by the victim by suppressing resistance and committing rape is very bad in the nature of the crime.

With regard to the crime of this case, the victim seems to have suffered a significant shock and pain, and the aftermath is also considered to be very big.

In addition, the victim wanted to punish the defendant strictly.

In light of the circumstances favorable to the Defendant, such as the background, content, means, and result of the instant crime, Defendant’s age, sexual conduct, environment, etc., and all of the sentencing conditions indicated in the instant case’s records and changes, even if the Defendant was in a trial, and the Defendant appeared to have committed a crime in a trial, and the Defendant was partly deposited money for the victim in the trial, etc., the lower court’s punishment on the Defendant does not seem to be unfair as it did not appear to be unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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