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(영문) 대구고등법원 2014.05.22 2014노84
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

In light of the fact that the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") have no record of punishment for the same kind of crime, etc. in the part of the defendant's case, the punishment (eight years of imprisonment) sentenced by the court below is too unreasonable.

In light of the fact that the defendant living together with the victims of early childhood and habitually committed an indecent act against the victims who are merely 11,14 years old, etc., the court below's sentence to the defendant is too uneasible and unfair.

In light of the fact that the part of the request for attachment order does not have the same criminal record as the defendant, it cannot be deemed that there is a risk of recidivism, and the location tracking electronic device attachment period (10 years) is too long and unfair.

In light of the fact that the prosecutor is likely to live together with victims in the future, the period of attachment of an electronic tracking device is too short.

Judgment

We also examine the defendant and prosecutor's allegation of unfair sentencing.

There are circumstances, such as that the defendant was committed by committing the crime of this case, and his mistake is remarkably repented, and that the defendant has no record of punishment for the same crime.

However, the defendant, as the victim's three villages, lost his father and the victim was paid together. The defendant committed an indecent act or rape as stated in the facts charged at the time of the original judgment, recognizing the victims of the age of 11 and 13 as sexually, and attempted to commit an indecent act or rape as stated in the facts charged at the time of the original judgment. The defendant left his wife who lost his father because he committed an offense against the human body as such, and considering various circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the offense, circumstances after the crime, etc., the court below's punishment is determined to be within the appropriate range of sentence corresponding to the defendant's liability, and it is too unreasonable.

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