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(영문) 광주고등법원 (전주) 2017.11.21 2017노154
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that the Defendant and the respondent for an attachment order (hereinafter only referred to as the “Defendant”) in the part of the instant case ought to support the Defendant and the young children by the Korean horses, and that the Defendant mistakenly received from the victims, the sentence of the lower court (a 10 years of imprisonment, and 200 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device for a period of 10 years and to impose an order to attach an electronic tracking device although the defendant does not pose a risk of recommitting a sexual crime.

2. Determination

A. The crime of this case as to the part of the defendant case was 15 to 19 years of age over four times for three years and six months.

First, rape of his or her married, and was about 17 years of age;

Second, he has physically abused his father and son.

In the court below, the defendant did not want the victims to be punished against the defendant by mistake from the victims, the first father and wife of the victim of the crime of rape by kinship, and the defendant complained of the defendant's wife in the appellate court, there is no record of punishment or a fine heavier than that of the same crime, and the defendant's reflection by recognizing all of the crimes of this case constitutes a favorable condition for the defendant.

However, despite the fact that the father of the victims is responsible for raising and protecting the victims in a sound manner, the defendant repeatedly and habitually abused the first married, and second married physically. The crime is not very good, and the defendant's father stated at an investigative agency about three consecutive times a month from September 2013 to April 5, 2017 that he/she had sexual intercourse with the defendant. The defendant also stated to the same purport, but the specific date and time of damage is not specified.

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