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(영문) 광주고등법원 2014.10.02 2014노215
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for six years.

For the defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the case of probation order in which the defendant was found guilty, while rendering a judgment to dismiss the prosecutor’s request regarding the case of a prosecuted case. Accordingly, there is no benefit of appeal regarding the case of probation order request.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for probation order against the defendant is excluded from the scope of the judgment of this court.

2. The main point of the grounds for appeal is that the court below's imprisonment (seven years of imprisonment) is too unreasonable.

3. Although the crime of this case was committed with the duty of the Defendant to protect and rear the victim, who is a shelshel’s father, in a sound manner, the crime of this case is committed by indecent act or rape on five occasions, and its nature is not very good. Also, considering the fact that the victim was suffering from considerable mental and physical shock and pain due to the crime of this case, it is necessary to punish the Defendant strictly.

However, the defendant confessions and reflects all the crime of this case, the victim and his mother do not want the punishment of the defendant, but rather, the defendant actively complained of the economic difficulties caused by the detention of the defendant and the defendant's wife. The defendant also transferred the defendant's apartment and retirement allowance to his female while she is married with the victim's mother, and the defendant has not directly contacted with the victim, but has to pay the child support properly in the future, and the defendant has no other criminal records other than the fine imposed twice due to the violation of the Road Traffic Act, etc. shall be considered as favorable circumstances to the defendant. In addition, the defendant's age, character, family relation, environment, details and degree of the crime, and circumstances after the crime, etc. shall be considered as favorable to the defendant.

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