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(영문) 광주고등법원 (제주) 2014.10.15 2014노59
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant suffered from various kinds of illness, such as catherter, high blood pressure, spin disc, and stebrate, etc., in the old age. At the time of the instant case, the Defendant was unable to move up immediately after the operation to replace with the man-made beer of special rubber materials. The victim was at the time of the instant case, as in his own house, and the victim went back to the house where the aftermath of the aftermath of the Defendant’s house, such as his house, and went back to his house, and the Defendant did not make an indecent act by compulsion. 2) Even if the Defendant was assumed that the Defendant committed indecent act by force, the wife suffered by the victim does not constitute the injury resulting from indecent act by force due to very minor.

3) The Defendant had no or weak ability to discern things at the time of the instant case with regard to the aforementioned multiple diseases until the age of dementia. B. The lower court’s sentence of unfair sentencing (five years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination:

A. The lower court also rejected all of its arguments based on the circumstances stated in its reasoning, including erroneous facts or misapprehension of legal doctrine.

Since the reasoning of the lower judgment is closely examined by comparing it with the record, the reasoning of the lower judgment is acceptable, and there is no error as otherwise alleged by the defense counsel.

Therefore, this part of the defense counsel's argument cannot be accepted.

B. At the time of committing the crime of unfair sentencing, the Defendant committed a serious crime committed by indecent act by force on the part of an elementary school student who is only ten years old at the time of committing the crime of unfair sentencing.

Nevertheless, by denying the crime until the trial of the party, the victim did not have any effort to recover the damage.

These circumstances are the circumstances to be considered disadvantageous to the sentencing of the defendant.

On the other hand, the injured party suffers.

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