logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.18 2017노1427
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, etc.) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

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

2. Determination

A. As to the part of the defendant's case, each of the crimes of this case committed each of the crimes of this case was committed against the defendant's mother, her or her mother, and the defendant took the above physical part against the victim's will and tried to rape the victim's will. Thus, the crime is not good. The victim was a child who was only 13 years old at the time, and the defendant was a child who was a child of this case, but was considered to be subject to sexual satisfaction, and it is highly likely to criticize that the victim committed each of the crimes of this case. It seems difficult for the victim to clarify the damaged facts on the ground of his or her relationship between the defendant and her mother, and due to this, the defendant's mental pain and sexual humiliation was neglected.

On the other hand, the fact that the Defendant acknowledges all crimes, thereby admitting his mistake in depth, the Defendant has no record of being punished for sexual crimes, and in particular, the Defendant agreed with the victim and his mother, and the Defendant appears to have made efforts to recover damage by providing a certain amount of agreement to the victim and his mother, and the victim expressed his intention that he does not want the punishment of the Defendant to be punished to this court is favorable to the Defendant.

In addition, considering the various factors of sentencing, such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion.

arrow