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(영문) 대전고등법원 2018.12.14 2018노455
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 40 hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program program for 10 years and 40 hours, and an employment restriction order for 5 years) is excessively unreasonable.

2. The Defendant: (a) committed rape, similar rape, or forced indecent act by force against the victim in such a way that he/she had a variety of times over eight years since he/she commenced similar rapes with the victim who was married to seven years of age who is responsible for his/her protection; and (b) the victim could have suffered considerable sexual humiliation and mental pain and have a very negative impact on the formation of the right sexual values of the victim who is growing, taking into account the fact that the victim might have suffered considerable sexual humiliation and mental suffering; and (c) accordingly, he/she needs to bear strict responsibility corresponding thereto.

However, in light of the circumstances favorable to the defendant, that the defendant led to the confession and reflect of the crime, that there is no record of criminal punishment except that sentenced once a fine, that the victim expressed his/her intention not to want the punishment against the defendant from the beginning of the original trial, and that the defendant expressed his/her intention to want the punishment against the defendant again in the first instance trial, the defendant's age, career, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment against the defendant is judged to be unfair because the defendant's punishment is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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