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(영문) 서울고등법원 2017.05.18 2017노707
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The record of the gist of the grounds for appeal reveals that “the grounds for appeal filed on March 7, 2017,” which the Defendant used as the grounds for appeal for mental or physical loss or the assertion of mental or physical weakness, was indicated in the column that the Defendant is on the grounds of appeal. However, the attached document that was made on March 20, 2017 does not include any information about the attached document, and the reason for appeal withdrawn on March 20, 2017 by the defense counsel, also contains only “unfair sentencing,” and there is no indication about the mental or physical loss or the assertion of mental

On April 27, 2017, the Defendant and his defense counsel appeared at the first trial date, and stated the grounds for appeal by the said defense counsel, and stated the gist of the grounds for appeal as follows: “The Defendant committed this case on the grounds of the Defendant’s unfair sentencing.”

Therefore, the defendant's assertion of mental and physical loss or mental weakness was the ground for appeal.

It is difficult to see it.

The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

2. The Defendant made a confession of facts of each of the instant crimes and reflects his mistake.

In the lower court, the victim and the victim were fully agreed.

B. In the first instance, the victim submitted a written withdrawal of the complaint and a written application for a punishment that the victim does not want the punishment of the defendant, and a written application for a defendant's prior action.

There is no criminal punishment or sentence imposed for the same crime.

However, even though the defendant, as a sheshesheshesheshe was sheshesheshe was about 20 years ago, he/she was sent to his/her family relationship with the victim, it is highly likely to be subject to social moral criticism by taking his/her father and wife as the object of resolving sexual desire.

The crime of quasi-rape, which was committed by the mother of the victim against the victim who was locked in his/her ward, was committed against the victim who was locked in his/her ward, is an indecent act committed by force against the victim who was living separately from his/her spouse and returned to the house to the defendant in order to stop together with the defendant. The crime was committed by interviewing both son and son and son at the time, even though they were locked.

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