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(영문) 광주고등법원 2016.07.21 2016노159
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the victim E was injured as stated in the facts of the crime No. 3 of the judgment of the court below, such as misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing (five years of imprisonment, 120 hours of order) is too unreasonable.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in this part of this part of the judgment of the court below, and the court below, on the grounds that the Defendant used a detailed circumstance under the title of the “determination on the Defendant and his defense counsel’s assertion” in the said judgment, may recognize the Defendant’s injury, such as assaulting the Victim E, causing injury, and the intent of injury.

The assertion was rejected by decision.

Examining the circumstances admitted by the court below in comparison with the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable. Thus, this part of the defendant's assertion is without merit.

B. Although the Defendant had a duty to care for the victim C, who is a shesheshel’s wife, committed an indecent act, such as gathering the chests, the Defendant committed an indecent act against the victim F, who was under the age of 13, was forced to leave the clothes of the victim F, who was the friendship of the shelshel’s wife, talked with the chests, etc. The Defendant committed an indecent act against the victim E in light of the circumstances and contents of the crime.

B. The fact that the victims of the crime committed by the Defendant’s forced indecent act appears to have been suffering from considerable mental shock and a sense of sexual humiliation, and that the damage to the victim F was not recovered at all is disadvantageous to the Defendant.

On the other hand, the defendant has made efforts to recover damage, such as the victim C's legal representative and the smooth agreement, and the defendant's misconduct committed by force is divided into his misconduct, and the defendant is against the defendant.

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