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(영문) 서울고등법원 2015.03.12 2014노3552
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The appeal filed by both the defendant and the prosecutor on the part of the defendant case shall be dismissed.

The judgment below

(2).

Reasons

The summary of the grounds for appeal (the part concerning the case of the defendant) the defendant (the case in question) asserted a mistake of facts in the statement of grounds for appeal, but the defendant withdrawn the above assertion on the first trial date.

The punishment sentenced by the court below (nine years of imprisonment) is too unreasonable.

The sentence imposed by the public prosecutor by the lower court is too uneasible and unreasonable.

It is improper for the court below to exempt the defendant from the disclosure notification order of personal information.

Judgment

There are circumstances favorable to the defendant, such as the fact that the defendant does not have the same criminal records, that the defendant raises the victim who is a scarb for a long time, and that the defendant recognizes all the crimes of this case when he was in a trial, and reflects the mistake.

However, the crime of this case committed a sexual crime for a long time with the Defendant’s age as a means to resolve sexual desire. There are circumstances unfavorable to the Defendant, such as the fact that the crime of this case was extremely poor in its nature, that the victim suffered an injury that the victim was unable to recover throughout his life due to the crime of this case, and that the Defendant did not receive a letter from the victim up to the trial.

In full view of the above factors of sentencing, the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

The grounds of appeal in this part by the defendant and prosecutor are without merit.

The prosecutor's improper argument that the disclosure notification order of this case may seriously affect not only the defendant but also the victim. In the relationship between the defendant and the victim, if the personal information of the defendant is disclosed and notified, the victim's information or privacy may be disclosed together, and the defendant's disclosure notification order of this case may also be disclosed.

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