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(영문) 대구고등법원 2017.01.19 2016노578
강제추행치상등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable (a three years and six months of imprisonment). (b) The Defendant alleged that he was not guilty of committing rape or forced indecent act on the grounds of appeal, but appealed on the first trial date of the first trial. (c) The judgment of the court below was made on the grounds of appeal that the Defendant, who was living together, led to rape and coercion of the victim who was refusing sexual intercourse, and forced the victim to commit indecent act and inflict bodily injury. (d)

The extent of the physical force of the defendant exercised is significant, and the victim is receiving the diagnosis of stress disorder after external wound after this case, and is under mental treatment, and has not been exceeded from sexual humiliation and mental pain up to now.

Nevertheless, the Defendant denied the crime by a defense that cannot be understood until the court of the court of the court below, and eventually, caused the victim to testify by going to the court of the court below and going to open markets.

In this respect, it is inevitable to strictly punish the defendant.

On the other hand, the Defendant made a confession of all crimes and made a mistake in depth against the victim, and received a written apology by agreement by paying KRW 5,000,000 to the victim.

The defendant is a youth of the 20th century, there is no criminal history, and the victim's degree of injury is excessive.

After the parents have divorced from the family register, the defendant has grow up in a bad family environment. The father of the defendant is not in a good state of health due to the disability 2nd, and is in a poor economic situation as a basic livelihood security recipient.

The family members of the defendant and his son also want to take the action against the defendant.

In full view of all the circumstances, including these circumstances, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is somewhat vague.

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