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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2015.02.04 2014노375
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the period of two years and six years of imprisonment) is too unfased and unfair.

2. The crime of this case recognized by the evidence, evidence, rules of evidence, and legal principles is found to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as the following: (a) the crime of this case committed by the victim of 14 years of age, who is his/her mother, was committed by force by force by force in such a manner that the victim was frightened by visiting the defendant's house by visiting the defendant's house in his/her seat; and (b) the crime of this case was committed by force by force; (c) the crime of this case is not adequate; and (d) the crime of this case is committed by the defendant that the victim aged 14 years of age, who is his/her mother, might have suffered a considerable mental shock and will have a great obstacle to the formation of a sound sexual values

However, it is also recognized that the defendant has no record of crimes of the same kind or different kind other than the punishment imposed in violation of the Automobile Management Act of 1996, and there has been no record of crimes of the same kind or different kind other than the punishment imposed in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents of 1996, since the defendant committed the crime since its investigative agency, although it is not judged to the degree of mental and physical disorder, it appears to have committed contingent and shocking crimes under the influence of alcohol, with the consent of the victim, "the victim is gradually going beyond the mental shock, and is able to use the defendant."

Each of the above factors of sentencing, the instant case.

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