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(영문) 대구고등법원 2020.01.15 2019노489
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unfuneed and unreasonable.

2. Although the Defendant, as the parents of the aged victim, was responsible for fostering the victim so that the victim can grow physically and mentally, the Defendant committed an anti-human act of sexual intercourse with the victim by force over several occasions and sexually abusing the victim to resolve his/her sexual desire.

Due to these crimes, the victim was pregnant and was subject to abortion surgery.

The victim seems to have suffered serious mental impulses and wounds while suffering from such sexual violence from his or her own child who is not another person, and it is likely that the victim has no adverse impact on the emotional and mental growth of the victim.

The defendant has not yet received a letter from the victim.

However, the Defendant made a confession of all the crimes of this case and reflects his mistake.

Although the defendant has past history of punishment for other crimes, he/she is not subject to criminal punishment for sexual crimes.

The defendant has a family to provide support, such as a mother.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the various conditions of sentencing as shown in the pleadings, including the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. The sentence imposed by the lower court appears to fall under the scope of the appropriate range of sentence corresponding to its responsibility, and it is not determined that the sentence

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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