logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.05.03 2018노102
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the completion of a sexual assault treatment program for four years and 80 hours) is too unreasonable.

2. Determination

A. Examining the various sentencing conditions in the instant case regarding the wrongful assertion of sentencing, the following circumstances are favorable to the Defendant: (a) the Defendant led to the confession of all the instant crimes; (b) the victim’s father and mother wished to have his wife against the Defendant; (c) the Defendant was living in good faith with the victim and his family members before the instant crime was committed; (d) the Defendant did not have any history of having been punished for a sex offense; (c) the Defendant did not have any history of having been punished for a sex offense; and (d) the Defendant did not have any history of having been punished for a fine exceeding the fine; and (e) the Defendant was not healthy due to urology

On the other hand, the instant crime committed by the Defendant, who is a father of his spouse in de facto marriage, demanded the victim to dance in light of his easy manner while demanding the victim to comply with the request, and then, led the victim to suppress the victim's resistance by placing the victim in the wall, and attempted to commit rape by making the victim's chest and sound, and neglecting his sexual organ.

In an attempted attempt, the victim would be raped in the same day and approximately 1 hour and about 30 minutes, and in another way, the victim would be raped.

In the case of attempted crimes, even though the victim strongly expressed his/her intention of refusal two days after he/she committed the crime, it was forced to rape the victim, and in particular, the crime is bad in light of the course of the crime and the method of the crime, and the relation between the defendant and the victim, and the criminal intent is very heavy. The defendant is also subject to sexual assault by taking the victim of his/her de facto kinship as the object of satisfying his/her sexual desire, and the victim suffered considerable mental impulse and sexual humiliation.

arrow