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(영문) 광주고등법원 (전주) 2014.07.15 2014노92
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 120 hours in completion of sexual assault treatment programs) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant are the fact that the defendant is in a profound radius, that the defendant was voluntarily surrenders to an investigative agency, that the defendant has no same record as the defendant and has no criminal record of suspended execution or more, etc.;

However, as the court below properly pointed out, the crime of this case is raped four times by the defendant, and the defendant, despite the responsibility to protect and support the victim, rather than being raped by the victim, and the contents of the crime are anti-humanity and the nature of the crime is not very good. In full view of the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., as well as various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, family relation, motive and circumstance after the crime, and recommended sentencing guidelines, it is not recognized that the sentence imposed by the court below is too unreasonable compared to the degree of the defendant's responsibility. Thus, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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