(영문) 광주고등법원 2014.03.13 2013노532 | 리걸엔진

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글꼴

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자간(%)

(영문) 광주고등법원 2014.03.13 2013노532

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

The judgment below

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

A defendant shall be punished by imprisonment for eight years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to medical treatment and custody as well as the person subject to a request for an attachment order (hereinafter “Defendant”) at the time of the instant crime was in a state of control over the divorce of the sentence that died at the time of the instant crime, and the patient with a opternal defense was in a state of lack or lack of ability to properly discern things or make decisions.

B. The sentence imposed by the lower court on the Defendant (a notice of disclosure of information for ten years and ten years) is too unreasonable.

2. Determination

A. The defendant's argument about mental and physical disorder 1) also asserted the same purport in the court below, and the court below rejected the above argument in detail. In full view of the evidence duly admitted and examined by the court below, the above argument by the defendant is without merit since the court below is justified. 2) The defendant's argument about unfair sentencing is subject to the crime of this case because he was unable to properly undergo protection and supervision due to parent's disability over a long period of up to 6 years and 10 months. The victims suffered from severe mental distress and their lives in the future due to the above crime are considered as the object of the crime of this case. On the other hand, it appears that the defendant was the first offender and the victims were the victim's response to the crime of this case, and mediation was established in a civil lawsuit filed against the defendant by making the victim the above fact as the cause of the claim for the crime of this case. After the court below's decision was rendered, considering favorable circumstances such as the defendant's ownership transfer registration in the C future about the real estate owned by the defendant, the age, circumstances, and other circumstances revealed, etc.

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