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(영문) 서울고등법원 2015.01.22 2014노3598
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (five years of imprisonment) of the judgment below is too unreasonable.

2. The Defendant recognized the instant crime, and thereby is against his mistake.

In addition to this case, there is no record of criminal punishment.

In the court below, the agreement of the mother of the victim was submitted, and the victim does not want the punishment of the defendant.

In the trial, 4 million won was remitted to the victim under the pretext of agreement.

However, although the defendant is in a position to care for the victim as the mother of the victim, he rapes or quasi-rapes over three times the victim who had been living in her child(18 years of age) due to the parent's divorce.

The defendant's crime is an anti-humane, and the crime is very bad.

As a result, victims suffered a huge sexual humiliation and mental suffering that is difficult to recover throughout their lives.

In addition, comprehensively taking account of all the sentencing conditions, such as the defendant's age, character and conduct, and environment, and the fact that the sentence imposed by the court below is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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