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(영문) 서울고등법원 2013.03.14 2012노3912
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal (a three-year imprisonment, a five-year disclosure and notification order, and an order to attach an electronic tracking device for five-year location) imposed by the court below is too unreasonable.

2. The circumstances are recognized, such as the fact that the Defendant led to the confession of the instant crime, and the mother of the victim and the Defendant’s wife wanted to have his wife against the Defendant.

However, although the defendant is responsible for protecting and raising the victim who is 17 years of age, he committed an indecent act against the victim three times in the situation where the victim was locked, and the crime was committed three times at the time of the previous crime, and the defendant committed a quasi indecent act against the same victim who was 12 years of age at the time of the previous crime. The defendant again committed the crime of this case since 1 year has not passed since the suspended execution was taken into account the circumstances such as the victim's shoting of the defendant's wife at the time of the suspended execution, and the defendant's previous crime and the crime of this case appears to have been faced with serious mental shock and mind due to the defendant's previous crime and the crime of this case, and other various sentencing conditions stated in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, circumstances after the crime, etc., and the sentencing range of punishment according to the sentencing guidelines: ① the punishment range of imprisonment with prison labor for each sexual crime (the punishment of relatives) to be mitigated by force by force by force by force by force by force by law.

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