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(영문) 광주고등법원 2014.06.26 2014노76
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for six years.

Sexual assault...

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the lower court (ten years of imprisonment and 200 hours of sexual assault treatment program) is too unreasonable for the person subject to the request for attachment order (hereinafter referred to as the “defendants”).

The lower court’s sentence of the Defendant’s case against the prosecutor is too uneasible and unreasonable.

It is improper for the court below to dismiss the defendant's request for attachment order even though he/she is in danger of recidivism.

We also examine the defendant and the prosecutor's argument on unfair sentencing.

Basic crimes within the scope of recommendations according to the sentencing guidelines: Offenses of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13), general standards, sex offenses subject to the age of 13, types 5 (Rape) [a special-specing person] mitigated elements: [a] mitigated scope of punishment; a decision on types of crimes [a decision on rape in relation to relatives] in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a decision on rape in relation to relatives) [a decision on types of crimes]; general standards; a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a decision on types of crimes in relation to relatives in relation to relatives in relation to relatives in the relationship between 13 and 9 years; a special-specing person] mitigated element; a victim who is vulnerable to the crime; a victim [a decision on types of punishment] in relation to the punishment of sexual crimes; a prison term of imprisonment from five to eight years; a prison term of 6 to 15 years (a maximum punishment of a student in relation to the upper limit of basic crimes); a woman's.

The victim suffered the body and mind that it is difficult to recover from the pro-Japanese, which had been located in favor of trust and will, and this seems to have a negative impact on the life of the victim without recovery.

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