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(영문) 대전고등법원 2016.06.24 2016노103
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

In this Court’s trial scope, the court below sentenced a conviction against the defendant case and sentenced a judgment dismissing the prosecutor’s request regarding the request for attachment order. The defendant only filed an appeal against this case. As to the request for attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., the request for attachment order shall be excluded from the scope of this Court’s trial.

Judgment on the Reasons for Appeal

A. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (seven years of imprisonment) is too unreasonable.

B. 1) The instant crime is an indecent act committed by the Defendant several rapes and commits an indecent act in light of the content, method, frequency, etc. of the crime.

The Defendant entered the victim's house during the time when the victim is married, and even raped, or even prevented rape in a state where there is another family member in the house.

The defendant has committed a defect only from the victim.

In this regard, it is found that a small number of times is more active, and "the victim continued to rape several times even after receiving the victim's text message with an imminent mind."

The victim was left to his father and son while being brought up separately from her father and son's parents, and the defendant, who is a member of the family council, had been aware of, had been aware of, had committed an anti-human act by taking advantage of such trust.

The victim, who is only 13 years of age due to the instant crime, was physically and mentally unable to recover, was likely to be hindered in creating future sexual values, and was faced with the risk of collapse of the remaining family relationship.

2) The victim.

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