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(영문) 대구고등법원 2013.12.18 2013노513
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The part of the defendant's case and the case of the attachment order shall be reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. Regarding the part of the defendant's case (along-year imprisonment) sentenced by the lower court, each of the defendants and the candidates for medical treatment and custody and the persons subject to the request for attachment order (hereinafter "defendants") appealed on the grounds that the defendant's and the persons subject to the request for attachment order are too heavy.

B. The location tracking electronic device attachment period (10 years) ordered by the lower court is too short and unfair.

2. Determination

A. As to the part of the defendant's case, the crime of this case regarding the assertion of unfair sentencing by the defendant and prosecutor is likely to be criticized in light of the frequency and method of the crime, etc. of rape and indecent conduct against the pro-child who is responsible for protecting and raising the defendant several times. The victim seems to have suffered a big mental impulse and pain that it is difficult to recover throughout his life. Meanwhile, the victim recognized the defendant's mistake and divided the defendant's wife for the victim's mother and birth, the victim's wife wanted to be treated, the victim's mother and the defendant's wife wanted to be her wife, there is no criminal history, the defendant has no record of the crime, the defendant was supported by the defendant's wife who is suffering from disability in the past (the mother of the victim), the defendant's child's child and the defendant's wife suffered from disability in the past, and the defendant's general sentencing guidelines (the sentencing guidelines of this case, including the defendant's age favorable or unfavorable to the defendant in the course of the sentencing of this case, the sentencing guidelines of this case, the sentencing of this case, the defendant's general sentencing model.

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