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(영문) 서울고등법원 2017.11.16 2017노2310
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the crime of this case committed an indecent act by the Defendant by force against the victim, who is a relative, and committed an indecent act by taking advantage of the state of mental and physical loss, and the nature of the crime is hot, highly likely to be morally and morally criticized, the crime of this case showed mental suffering and suffering that it was difficult to recover the victim due to the crime of this case, the Defendant did not agree with the victim up to the trial, and the Defendant deposited part of the money for the victim at the time of the trial, but the Defendant expressed his intention not to receive the deposit, and thus, considerable compensation was made.

In addition, considering the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime was committed, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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

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