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(영문) 서울고등법원 2019.05.02 2018노3442
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. The crime of this case is deemed to have committed an anti-human act by force on two occasions against the victim by neglecting the defendant's responsibility to protect and rear the victim's age as the child of the victim's child and by force on two occasions, and the nature of the crime is inferior. Considering the fact that the crime of this case appears to have caused considerable mental suffering and pain to the victim due to the crime of this case, strict punishment against the defendant is required.

However, the fact that the defendant acknowledges the crime of this case, the defendant's mistake is divided and reflected, the family members including the victim attend the court at the date of the original trial and the trial court, and want not want the punishment of the defendant, the defendant does not have criminal records or criminal records of the same kind, the defendant has been living in a separate place according to the victim's intent and has made efforts to continue economic support, etc., and the victim clearly expresses his intention to use the defendant. The fact that there is no change in the sentencing conditions compared with the original court, it is difficult to see that the sentencing of the court below exceeded the reasonable scope of discretion, and the sentencing of the court below is difficult, taking into account the defendant's age, character, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the prosecutor's allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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