(영문) 서울고등법원 2017.11.21 2017노2515 | 리걸엔진

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(영문) 서울고등법원 2017.11.21 2017노2515

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the defendant all committed the crime of this case, and it is against the depth of the defendant, the defendant was grow unsatisfy in a family environment, and the crime of this case is derived from such growth background, and the defendant made efforts not to impede the livelihood of his family members including the victim, such as preparing and granting a power of attorney to sell bits and motor vehicles owned by the defendant under the pretext of division of property in consultation with the victim's mother, while divorced with the victim's mother, and the defendant has no record of the same crime. In full view of the fact that there is no record of the defendant's like crime, the punishment of the court below against the defendant (a punishment of 10 years, an order to complete sexual assault treatment program for

In full view of such circumstances, the Defendant committed the instant crime by taking advantage of the victim’s friendship status, and comprehensively taking account of the victim’s age at the time and the period during which the Defendant committed the instant crime, it is extremely poor that the victim suffered damage due to the instant crime, and the victim is suffering from fear and apprehension that the Defendant would be taken at the time after release, and as such, there is a need to isolate the Defendant for a longer period of time from the damaged person, the sentence imposed by the lower court against the Defendant is too unreasonable.

Judgment

The fact that there is no record that the defendant has been punished as a sexual crime, and that the defendant confessions all of the crimes of this case and repents his mistake is favorable to the defendant.

On the other hand, the defendant, as the father of the victimized person, has a duty to protect and rear the victimized person so that the injured person can grow physically and mentally, but rather, the injured person has not reached the age of 14.

Since around 2009, victims are indecently committed several times, and sexual humiliation is made to victims.

유사 판례

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