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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2018.11.15 2018노503
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, etc.) is too unreasonable.

2. The Defendant made a confession to commit the instant crime and reflects his mistake.

There is no criminal record exceeding the same sex offense history or fine.

This point is favorable to the defendant.

However, from around 2005 to around 2016, the Defendant committed an indecent act on four occasions by forcing the victims of a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s.

At the time when the defendant commits an indecent act against the victim in 2005, the victim was 10 years old.

The victim seems to have suffered serious physical and mental pain from his father, who is the most family member who is the most of his/her guardian, at the time when he/she must build a sound sexual identity and sexual values.

The victims have recently been hospitalized in the mental and medical ward due to the depression, depression, etc., suffering from inconvenience in daily life and stress disorder, etc.

The defendant still did not receive a letter from the victims in this court.

This is an unfavorable circumstance to the defendant.

Inasmuch as no new data was submitted, there is no particular change in the sentencing conditions compared with the original judgment, and taking full account of the following circumstances as seen earlier and other circumstances, including Defendant’s age, sex, environment, family relationship, motive and method of committing a crime, means and method of committing a crime, and circumstances after committing a crime, the lower court’s sentence cannot be deemed as excessively excessive and beyond the reasonable scope of discretion.

The defendant's assertion that the sentencing of the court below is unreasonable is not accepted.

3. To determine ex officio the period of the registration of personal information.

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