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(영문) 서울고등법원 2016.05.20 2016노810
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the defendant seems to have committed each of the crimes of this case in the same manner with the victim, who is a blicker of the house, seems to have committed the crimes of this case, the defendant committed all of the crimes, led to the confession of all of the crimes by the defendant, received a letter from the victim and the victim's mother D, the defendant complained of the defendant's wife against the defendant, the defendant is the first offender, and the defendant is in the position to support D and the victim.

This case is an indecent act committed by the Defendant using that the Defendant’s shesheshel’s she was in a state of her resistance every nine times from 11 to 14 years of age, and the nature and circumstances of the crime are not considerably good, and there are many times of the crime, and the Defendant is expected to properly protect and admonish the victim who was a shelshel’s shelshel, so that he/she can properly form his/her sexual identity and values, but rather, it is highly likely that the victim might be subject to social criticism by committing an indecent act against the victim for a long time, and the victim suffered a large shock and pain due to the Defendant’s criminal act, which led to the Defendant’s her death and pain, and eventually went out.

In full view of the above points and the defendant's age, sex, occupation, environment, family relationship, motive, method and consequence of the crime, various circumstances that are conditions for sentencing, such as circumstances after the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, the sentence of the court below is too unreasonable.

The prosecutor's ground for appeal is with merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court shall be written down in the judgment of the court.

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