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(영문) 부산고등법원 (창원) 2013.05.03 2013노58
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

80 hours per the defendant.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment, etc.) shall be too unreasonable;

2. Determination of the Defendant is recognized as an unfavorable sentencing factor, such as the following: (a) the Defendant committed several indecent acts against the victim who is his/her ageed married, and the commission of indecent acts cannot be deemed to be less severe; (b) the crime’s nature was spawn and bad; and (c) the shock or suffering of the victim’s suffering from such act may have a significant impact on the growth process of the victim in the future.

However, when the defendant was found to have committed the crime of this case in the first instance trial, the defendant made a statement to a certain extent different from that of the defendant in the first instance trial, while submitting a written application (the trial record 181 pages) stating that he did not punish the defendant again, that his mistake does not amount to a serious degree of force of exercising his power in the course of committing the crime, that he did not have any record of having been punished before committing the crime, that the victim who is his father and the mother of the victim who is his wife, was not punished against the defendant, and that the victim was not punished against the defendant.

The factors of sentencing, such as favorable sentencing, are also recognized.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence sentenced by the first instance court is too unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are corresponding to each of the judgment of the court of first instance.

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