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(영문) 서울고등법원 2017.11.24 2017노2284
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (seven years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court: (a) rendered favorable circumstances to the Defendant, such as the Defendant’s confession and reflect on the instant crime; (b) committed each of the instant crimes by using violence against the victim F, E, who is one of the natives under the age of 13, who is the subject of protection and rearing of the Defendant; (c) committed several indecent and similar rapes to take advantage of his sexual desire; (d) committed several assaults and bodily harm on several occasions; (e) the victim C, who is the Defendant’s wife, suffered serious mental harm due to the Defendant’s act of violence; and (e) the victims suffered from the victim F, and E, who formed a sound sexual identity and social sentiment; (c) the victims still wanted to punish the Defendant; and (d) took into account other unfavorable circumstances against the Defendant, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the instant crime; and (e) considered all the factors revealed in the oral proceedings after the instant crime.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below in the court below, and considering various circumstances as seen earlier and all sentencing factors as seen in the argument of this case, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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