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(영문) 광주고등법원 2016.03.17 2015노573
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination of each of the crimes of this case is a situation unfavorable to the defendant, where the defendant, who is in a position to protect the nshesheeter victim as a lsheshesheshesheshesheshes, abused his/her position and committed several indecent acts, and attempted to rape, and the victim seems to have suffered mental shock and pain due to each of the crimes of this case, and the victim is expected to remain in a big state in the future, and the victim's sexual identity and values are expected to have a significant negative effect on the formation of the victim's sexual identity and values.

However, when the defendant has reached the trial for the first time, all of his errors are recognized and seriously against the defendant, and the defendant does not want to be punished in the victim's side by mutual agreement with the victim, the defendant has lived faithfully with no record of criminal punishment up to the previous stage of the crime of this case, in the case of similar rape and forced indecent act among each of the crimes of this case, the victim did not exercise any specific violence. The attempt to rape is about attempted, the victim and the mother, etc. of the victim support the victim and the victim for a certain period of time, and taking into account various sentencing conditions, such as the defendant's age, sex behavior, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the defendant's argument is somewhat unreasonable. Thus, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: “1. The Defendant’s partial statement in court” in the summary of the evidence of the court below.

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