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(영문) 서울고등법원 2019.07.02 2018노3577
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is contrary to recognizing each of the instant crimes.

A part of the Defendant’s emotional distressed by money, and expressed his/her intent that “the victim who reached the age of ability to make judgment does not want to be punished against the Defendant” before instituting the instant prosecution.

There is no criminal record against the defendant.

Pursuant to each of the crimes in this case, each of the crimes in this case was to retire at the workplace where the defendant had worked for a long time, and the family suffering from the defendant's family, including his or her daughters.

These circumstances are favorable to the defendant.

On the other hand, the defendant committed an indecent act on the part of a woman's father and wife on two occasions.

At the time, the victims were 9 to 10 years of age, and whether to form sexual identity and values.

The degree of indecent conduct is also serious.

Each of the crimes of this case is a bad crime in light of the relationship between the defendant and the victim, the age of the victim, the details and details of the crime, and the method of the commission.

The victim seems to have suffered severe mental pain for a long time due to each of the crimes in this case.

Such circumstances are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable that the appellate court respects the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The aforementioned circumstances are added to the appellate court of all the sentencing conditions stated in the instant pleadings, including the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, and the circumstances after the crime.

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