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(영문) 광주고등법원 (전주) 2014.07.22 2014노100
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”): Considering the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant (seven years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

B. A prosecutor 1) Taking into account the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order even if the Defendant’s assertion on the attachment order is recognized as the risk of repeating

2. Determination:

A. We also examine the Defendant and the prosecutor’s argument on unreasonable sentencing.

The Defendant, who is in the position of protecting and supervising the Defendant so that he can grow up with a sound sexual awareness, has sexual intercourse by taking advantage of his status over several times with the victim's rape or by taking advantage of the state of impossibility to resist, and is not very good in light of the object, content, methods, frequency, etc. of the crime, and social criticism is highly high, and the victim suffers from mental suffering that is difficult to recover through the crime of this case that occurred from the time when the juvenile was forced, and the Defendant has an attitude to recognize the Defendant's own crime and reflect in depth. The Defendant has no record of criminal punishment; the Defendant has no record of criminal punishment; the Defendant's age, character and behavior, environment, the result of the crime of this case, circumstances after the crime, etc.; and considering the Defendant's punishment against the Defendant, the Defendant and the prosecutor's grounds for appeal on unfair sentencing are not accepted in all of the grounds for appeal.

B. Part 1 of the case of attachment order is the judgment of the court below on the prosecutor's grounds for appeal.

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