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(영문) 서울고등법원 2014.04.17 2013노3712
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

The crimes of No. 1-A, No. 3-A, and No. 2 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (five years in case of imprisonment with prison labor for the crimes No. 1-A, No. 3-A and (b) of the original decision, five years in case of imprisonment with prison labor for the crimes No. 1-B of the decision, four years in case of imprisonment with prison labor for the crimes No. 2 and No. 3 of the decision) is too unreasonable.

2. Determination

A. Each of the instant offenses against the Defendant was committed by the Defendant on three occasions from around 2006 to around 2013, and the Defendant committed the instant crime by indecent act by compulsion. In particular, in light of the following: (a) the Defendant committed rape by taking advantage of the victim C’s lack of intellectual ability compared to that of the circumstances; (b) in the case of rape around 2009, the Defendant was raped by threatening the victim I; (c) the victims were children or juveniles under the age of most of the time when they did not establish sexual identity and values at the time of the instant case, who were sexual assaulted by the Defendant at their own house or at the Defendant’s home, etc.; and (d) in view of the fact that the Defendant committed each of the instant offenses repeatedly during the period of repeated crimes despite having been sentenced several times of punishment due to the same kind of offense, etc., the Defendant needs to be liable for the corresponding criminal charges.

However, the defendant shows the attitude that all of the crimes of this case are recognized and the errors are divided. After the court below reached an agreement with the victim I, the victim C and L do not want to be punished against the defendant. The defendant has already been sentenced to imprisonment for violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. in 2008 and the crime of violation of the Punishment of Violences, etc. in 201 (a collective, deadly weapons, etc.) was finally affirmed, it is possible to take into account the circumstances such as the fact that three of the crimes of this case should be separately sentenced.

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