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(영문) 부산고등법원 2018.05.03 2017노722
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The sentence sentenced by the lower court to the Defendant (4 years of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too uneasible and unfair.

2) It is unreasonable for the lower court to have exempted the Defendant from an order to disclose personal information.

B. The above sentence sentenced by the court below is too unreasonable.

2. Determination

A. We examine both the defendant and the prosecutor’s unfair determination of sentencing as to the defendant and the prosecutor’s unfair determination of sentencing.

In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant administered narcotics and forced the victim, who is an alien, under the influence of medication.

The nature of the crime of this case is not good, and the mother of the victim and the victim are still trying to punish the defendant.

It seems that the mental impulse suffered by the victim seems to be significant.

Although it is recognized that the defendant voluntarily surrendered to an investigation agency and led to the confession of all of the crimes of this case, the sentence of imprisonment is inevitable in light of the above point.

In addition to the above circumstances taken into account in sentencing, there is no special change in circumstances to change the sentence of the court below.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the lower court is too heavy or unreasonable.

B. Although the prosecutor's decision on the improper assertion of exemption from disclosure disclosure order was made on the defendant's records of the same sex offense, it is almost from the crime of this case.

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