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(영문) 서울고등법원 2016.08.11 2016노1631
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the court below sentenced the defendant to the punishment (eight years of imprisonment with prison labor).

2. The Defendant is against the principle of good faith when he was found to have committed the instant crime.

There is no past record that a defendant was punished as a sexual crime or sentenced to a punishment.

However, the crime of this case is a serious crime against humanity, which is committed by the defendant from the time when the defendant was aged nine to the time when he committed an indecent act against his father-child victim, and has been committed several times until he reaches 15 years of age.

As a result, the victims have lost their emotional balance as well as large sexual humiliation and mental impulse, and it is clear that it will have a profound negative impact on the formation of the sexual identity of the victims in the future.

The injured party is trying to punish the accused.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, and all of the sentencing conditions as shown in the argument in this case and the circumstances in which the lower limit of the applicable sentences is seven years of imprisonment, etc., it cannot be said that the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

However, the following parts of the judgment below shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.

The judgment below

Article 5-1 of the judgment of the court below holding that "the punishment prescribed for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) with heavier punishment" shall be punished as the punishment prescribed for a crime of violation of the Act on the Protection, etc. of Juveniles against Sexual Crimes (limited to the lower limit, which is prescribed for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) with heavier punishment" (limited to the punishment prescribed for a crime of violation of the Act on the Punishment, etc. of Sexual Crimes).

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