(영문) 광주고등법원 2014.04.24 2014노59 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2014.04.24 2014노59

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

. Information on the Defendant.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (10 years of imprisonment, 10 years of disclosure, 10 years of notification, 6 years of attachment order) against the person subject to the request for attachment order (limited to the defendant) is too unreasonable.

The lower court’s sentence of the Defendant’s case against the prosecutor is too uneasible and unreasonable.

The court below's request for an attachment order is too short and unfair for the period of the attachment order (six years) ordered to the defendant.

Judgment

Basic crimes within the range of recommendations according to the sentencing guidelines for accused accused cases: Rape, quasi-rape (the determination of the type of punishment at the time of the original adjudication, 1-B, 1-3) (the general standard for the crime of rape) and the general standard for the crime of rape (the crime of at least 13 years of age): the victim [the scope of recommendations] who is vulnerable to the crime, 5-5 years of imprisonment and 8 years concurrent crimes: the victim who is vulnerable to the crime [the scope of recommendations], 1-A, 4-5 years of age and 4-5 years of imprisonment, 1-5 years of age and 4 years of age as a result of the crime of indecent act by force (the crime of at the time of the original adjudication, 13-4 years of age and 2-5 years of age): the general standard for the crime of indecent act by force (the crime of at least 13-5 years of age): the victim (the scope of imprisonment with prison labor] which is vulnerable to the crime of victim [the maximum of imprisonment with prison labor for the last 15-5 years between six years and 4 years of years of imprisonment].

This case is a case in which the defendant committed sexual assault to victims E and F, who are children of the defendant's life together with him.

The defendant tried to rape after assaulting the victim over several occasions from 7 years to 17 years of age, and the victim was sexual intercourse or indecent act in the victim's room at night, and the crime is not very good.

It is reasonable to take it into consideration as a tool to meet the sexual desire of the defendant, which is a usheshel.

유사 판례

-광주고등법원 2014.06.26 2014노76

-서울고등법원 2014.06.27 2014노889

-부산고등법원 (창원) 2019.06.05 2018노304

-광주고등법원 2014.06.12 2014노102

-광주고등법원 2014.04.24 2014노57