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(영문) 수원고등법원 2020.07.22 2020노249
미성년자의제강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine years.

The defendant is a child or juvenile-related institution, etc.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (six years of imprisonment) is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too unhued and unreasonable.

2. The judgment of the defendant shows an attitude against the defendant while recognizing all of the crimes of this case, and the fact that the defendant has no record of criminal punishment in the Republic of Korea is favorable to the defendant.

On the other hand, the crime of this case is committed against the defendant's father and wife for four years (five times) and sexual abuse (19 times). In light of the method, period, object, etc. of the crime, the quality of the crime is not good. The victim appears to have suffered considerable sexual humiliation and mental pain due to the crime of this case in his age to form sexual identity and values, but the defendant did not take any measures to recover the damage of the victim. Although the defendant is a father and wife who is responsible for raising the victim properly, the defendant failed to commit a fatal sexual assault crime against the victim, and the defendant did not take any measures to reduce his family relationship. "The defendant did not want to have an agreement with respect to his own crime, make efforts to reach an agreement, make reasonable compensation for the damage, and accept the defendant's legal and social punishment accurately."

The victim made a statement to the effect that he does not want to punish the defendant at an investigative agency, but that is, the following circumstances acknowledged by the record, namely, ① the victim stated that he/she wishes to punish the defendant at the time of the investigation of sentencing at the trial. ② The victim has a intellectual disability at the time when the victim made the statement

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