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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.11.22 2013노3068
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (three years of imprisonment with prison labor for a two-year grace period) is too unhued.

2. The crime of this case is a case in which the Defendant committed an indecent act against the victim, who is a woman of a married wife, who had been staying in his/her own house, and the crime of this case is not good, and the victim suffered a huge sexual humiliation and mental suffering due to the instant case, etc., is disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the defendant's wrong, and that the defendant committed a contingent crime with the victim during the crime, and that the defendant did not significantly focus on his/her ability to exercise his/her influence, such as when he/she committed the crime, or not threatening the victim (in the process of the crime, 19 pages). The defendant does not have any criminal record against the defendant, such as his/her old age of 74 years of age, and there is no physical disorder, such as his/her reflectr disorder, force, and hearing disorder, etc.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing guidelines of the sentencing guidelines of the Sentencing Commission for the crime of indecent act by force [the decision of punishment] and the sentencing guidelines of the Sentencing Commission for the crime of indecent act by force (the target of 13 years of age or older): The mitigated area] : The mitigated area of penalty not [the special person] : The mitigated area of punishment not [the general aggravated person]: the mitigated area of punishment (the scope of recommending punishment); the scope of the corrected recommended sentences of 1 year and 6-3: 2 years and 3 years (the lowest sentence of punishment under the law). The main reasons for negative consideration as to whether the suspension of the execution of the O sentence is a crime provided for in Article 5 of the Sexual Exposure Act.

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