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(영문) 대전고등법원 (청주) 2016.05.12 2016노4
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (seven years of imprisonment) is too unreasonable.

2. The crime of this case in the name of the victim was committed by the defendant, who is responsible for raising and protecting the victim as the sheshesheshesheshes, and is raped on two occasions, and this constitutes an anti-human crime of extremely poor character and quality of the crime that has destroyed the personality and life of the victim.

The victim, who was growing due to the crime of this case, seems to have received a proper mental shock and a cleaning agent with the mind that he cannot live together.

Although the victim knew several times after the crime of this case, the relatives did not take any measures with care of the victims, and even after about 10 years have passed since the time of the crime of this case, the relatives did not make efforts to avoid the damage to the victims, but rather make efforts to avoid the damage to the victims, so that the victims did not use only the agreement with the victims, so that the victims might have suffered a greater sense of harm and mental suffering.

However, from the investigation stage, the defendant recognized all the crimes of this case from the investigation stage, and shows that he or she repented his or her mistake.

A defendant has no record of having been punished for committing a sexual crime, or of having been sentenced to suspended execution or heavier punishment.

In the court below, the injured party submitted a written agreement, but withdrawn the intention of the agreement, but it submitted a written agreement that the injured party does not want the punishment of the defendant again in the trial. In light of the details and the contents of the above agreement, the injured party's intention not to punish the defendant seems to be the true intention.

In addition, in full view of all the sentencing conditions and the scope of the recommended sentencing guidelines of the Supreme Court sentencing committee, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below against the defendant is too heavy.

The decision is judged.

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