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(영문) 부산고등법원 (창원) 2015.04.01 2015노13
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. A favorable sentencing factor or objective and neutral sentencing factor is acknowledged, such as the fact that the defendant made a confession of all crimes and seriously reflects the wrongness, and the suspended sentence is written due to driving without a license, but the defendant has no record of punishment for sexual crimes.

However, each of the crimes of this case, which are recognized by evidence, evidence law, and legal principles, is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the Defendant committed indecent act by compulsion against victim D, assault and abuse of victims who are married, and the nature of the crime was bad; and (b) the victim D appears to have caused physical and mental impulses of the victims to the extent that the victim attempted suicide; (c) on the ground that the Defendant attempted suicide, attempted to commit suicide, but rather, attempted to commit the act of abuse, such as cutting off the trees of D, etc., and attempted to commit suicide.

In full view of the above factors of sentencing, the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment with prison labor for at least five years) with the largest punishment (limited to relative relation) and the applicable sentences, the sentencing cases of similar cases, the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, the means and consequence of the crimes, and the circumstances after the crime, etc., the punishment of the court below, which is sentenced, shall not be deemed to be harsh or unreasonable.

[Mains on the main basis of the judgment on the punishment of sexual crimes] - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to relatives), Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to relatives): Sexual Crimes, indecent acts by force (subject to 13 years of age

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