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(영문) 부산고등법원 2016.05.12 2016노79
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (such as three years of imprisonment) is too unlimited and unfair.

2. The judgment was based on the following facts: the defendant led to confession of the facts constituting the crime of this case, and his mistake was repented in depth:

Although there are circumstances such as the statement of the defendant and the fact that there is no record of criminal history of imprisonment without prison labor or heavier punishment for the defendant, the crime of this case is committed by the defendant who is in fact obligated to rear and protect the victim, who is a blive parent of the defendant, but has committed an indecent and similar act as stated in the judgment of the court below by neglecting his duty. In light of the relation between the defendant and the victim, the age of the victim at the time of the crime, and the motive, circumstances, details, means and methods of the crime of this case committed by the defendant, etc., the crime of this case is very heavy. It seems difficult to recover such suffering from the crime of this case committed by the defendant. Nevertheless, it seems difficult to recover from the crime of this case. Nevertheless, the defendant was submitted to the defendant under the name of the victim in the trial of the court of first instance, but the defendant was not aware of the victim's name or the result of the deliberation of punishment of the defendant, or was accepted by the defendant's person under the name of the victim or the defendant's age of punishment.

In addition, it is difficult to see the defendant's age, sex, environment, the circumstances before and after the crime, and various conditions of sentencing as shown in the proceedings of the original trial and the trial of the court.

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