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(영문) 부산고등법원 (창원) 2021.01.20 2020노224
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant and the requester for the attachment order, and the requester for the protective order (hereinafter “Defendant”) by the lower court (one year of imprisonment, etc.”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The court below dismissed the prosecutor’s claim regarding the case of the attachment order application, and accepted the prosecutor’s claim regarding the case of the protective observation order.

On the other hand, the defendant and the prosecutor filed each appeal against the defendant's case on the grounds that the sentencing is unfair.

On the other hand, as long as the defendant and the prosecutor have lodged an appeal against the defendant's case, it is deemed that the defendant's request for protection observation order is also filed by a prosecutor as to the case of the request for protection observation order under Articles 21-8 and 9 (8) of the Act on the Attachment, etc. of Electronic Devices. Thus, the request for attachment order and the request for protection observation order are also included in the subject of this court'

3. Determination

A. Each of the crimes of this case in determining the defendant's case committed the crime of this case against the victim in light of the crime committed one time against quasi-rape and three-time forced indecent acts, and the fact that the victim at the time to form a sound sexual identity and values is obvious that he/she suffered serious physical and mental pain due to each of the crimes of this case, even though he/she was responsible for looking at the victim's father-child relationship with the victim and raising him/her properly, in view of the circumstances of the crime, details, and result, etc., the crime was very serious, and that the victim at the time to form a sound sexual identity and values is obviously disadvantageous to the defendant.

On the other hand, the defendant confessions all of the crimes of this case and seriously reflects the wrongness, the mother of the victim and the injured party does not want the punishment of the defendant, and the injured party submits a written application to seek repeated measures in the first instance, and the defendant is driving under drinking in 207.

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