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(영문) 부산고등법원(창원) 2020.08.19 2020노101
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment, five years of suspended execution, etc.) is too unhued and unfair.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as: (a) the defendant committed an indecent act by force eight times in relation to the victim who is a juvenile, and committed a similar rape, and the nature of the crime is very bad; (b) the victim suffered from physical and mental pain due to the crime of this case; (c) the defendant repeated a relatively long-term crime; and (d) the victim continues to commit a crime even after notifying his parents through the commission of the

On the other hand, the Defendant, at the time of committing the instant crime, was ageed as a minor, and all of the instant crimes are recognized, and the victim is against the Defendant, from the original trial, the victim sees the Defendant from the original trial, seeks to take the Defendant, and again submits a document containing his intent to take the Defendant’s wife, which has led to the fact that the Defendant had no record of criminal punishment, etc., in favor of the Defendant.

In full view of the above circumstances and the Defendant’s character and conduct, the environment, the motive and background leading to the instant crime, the means and methods of committing the instant crime, the circumstances after committing the instant crime, etc., all of the sentencing conditions as indicated in the pleadings of the instant case, and the scope of sentencing and the standards for suspension of execution according to the sentencing guidelines established by the Supreme Court’s Sentencing Committee, etc., it cannot be deemed that the sentence imposed

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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