logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.10.14 2016노185
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment of conviction against a prosecuted case and dismissing the prosecutor’s request regarding the case claiming an attachment order, and the only accused filed an appeal against this case. As to the case claiming an attachment order, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit of appeal, the court below’s request for attachment order shall be excluded from the scope of this court’s trial.

2. The summary of the grounds for appeal: The court below's imprisonment (six years of imprisonment) is too unreasonable.

3. The Defendant, the part of the victim’s judgment, was sexual intercourse or indecent act by force, etc. over a long period of time, taking advantage of the circumstance that the victim was living in the Defendant’s house where the wind is difficult due to Atotopy infection, and his parents trust the Defendant, and the victim was making it difficult for him to live outside the Defendant’s house in China.

Since the victim appears to have suffered from the mental suffering due to the crime of the defendant, and it seems to have negative impacts on the formation of sexual identity and values in the future, it is inevitable to punish the defendant with severe punishment corresponding to his/her responsibility.

Although the victim expressed his/her intention that he/she does not want the punishment of the defendant, the defendant's husband and wife or his/her children should be considered in consideration of the blood relationship between the defendant and the victim, and the defendant tried to do so without having received any compensation from the defendant for recovery of damage. The defendant recognized his/her mistake between the victim and the victim since the investigation agency, but only implied consent or agreement is reached.

arrow