logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.10.02 2014노2133
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (seven years of imprisonment) of the lower judgment is too unfased and unreasonable.

2. Determination

A. The Defendant of the Defendant’s case committed an indecent act or sexual intercourse with his father and wife (13 years of age and 15 years of age) who has a mental retardation disorder.

As a result, the victims suffered emotional distress and sexual humiliation that are difficult to recover throughout their lives.

The mother of the victims is also trying to punish the defendant.

The mother, alone, of the victims, seems to lack the ability to rear victims and is very difficult to economicly.

Therefore, victims and prevention E may be entrusted to nursery facilities.

However, the defendant is against his or her will to recognize his or her mistake.

The defendant divorceds in a de facto marital relationship at the age of four, and in the case of the second grade of an elementary school, he was abandoned from his father, and has grown up by transferring a high-income bracket.

After the graduation of elementary school, I sent a difficult time to work in a printing office, Chinese house, etc.

From 11 years of age to 11 years of age due to shock, the father suffers from depression, such as attempted suicide.

Even in the process of their influence, the defendant has come in depth to be in a situation that is left to the care facilities for the victims, despite their influence.

A defendant has no criminal record other than those sentenced to a fine of fifty thousand won for a violation of the Framework Act on Civil Defense around 1993.

In addition, comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, etc., and the sentence imposed by the lower court is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. Since the prosecutor appealed against the accused case, the probation and the attachment of an electronic device against a specific criminal.

arrow