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(영문) 대전고등법원 2017.06.30 2017노146
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of prosecutor's appeal grounds;

A. The lower court’s sentencing (the completion of a sexual assault treatment program with 8 years and 80 hours of imprisonment) is too unhutiled and unfair.

B. It is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information.

2. Determination as to the prosecutor’s improper assertion of sentencing

A. The crime of this case committed by the Defendant committed the crime of this case by using the fact that, if the Defendant refuses to demand a sexual relationship against the victim who is married with the victim D (the mother of the victim), who is her natives, the victim would be free from age 14, by taking advantage of the fact that the victim would cause harm to other family members and the surrounding people, such as the victim's male-gu, and by intimidation, the victim would be free from age 14.

Rape or attempted rape as stated in the facts of the crime in the judgment from 2007 to 22015.

When the defendant finds a victim who had been employed in a remote place from his/her house to get out and demands a sexual relationship, the defendant seems to have no interest in the least human life that should be observed by the defendant when he/she threatens the victim as a human being, if he/she demands a sexual relationship by using a last letter and demanding a sexual relationship.

The victim had been raped in 2013 in an investigative agency, and the victim would unfold when the defendant died of 20 years.

In other words, 20 suicide was 20 years.

“The statements are made”.

The physical pain and mental impulse caused by the physical pain that the victim had experienced in his/her own mind in the towing juvenile who must form a personality and sexual identity is so serious that it is not appropriate for a third party to take a light of the body and sexual identity.

In light of the contents and methods of each crime, circumstances after the crime, etc., the risk of recidivism by the defendant's attitude shown in the trial process was extinguished.

It is also difficult to see it.

2.3.

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