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(영문) 광주고등법원 2019.01.17 2018노354
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the part of the defendant’s case and the case for which a request to attach an attachment order was filed. Since only the defendant appealeds the part on which the request to attach an attachment order was filed, the court below excluded the part on which the request to attach an attachment order was filed from the scope of the trial of this court, notwithstanding Article 9(8) of the Act on Probation

2. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

3. The Defendant, as a blicker of the victim, committed an indecent act on several occasions against the victim in child and youth, despite the fact that the victim was responsible for protecting and fostering the victim so that the victim can form a sound sexual sense and identity.

In light of the relationship between the defendant and the victim, the age of the victim, and the frequency of the crime, the nature of the crime is more serious.

The victim seems to have suffered a considerable mental suffering due to each of the crimes in this case.

The defendant was unable to receive a written indictment from the victim until this Court.

In full view of the above circumstances and other factors of sentencing as seen earlier, including the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, etc., even if considering the following as favorable to the Defendant: (a) the Defendant’s mistake is divided; (b) there is no penalty history exceeding the Defendant; (c) there is no history of punishment exceeding the fine; and (d) there is no history of punishment for sex crimes; and (b) the Defendant has supported the victim for a long time, the sentence imposed by the

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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