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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2016.07.22 2016노152
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment, 80 hours of order to complete the program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant continuously commits an indecent act against the victim's father, which is very poor in the nature of the crime and the method of committing the crime. Although the defendant has a duty to rear and protect the victim in a sound manner as his father, he committed the crime against the injured person by using his human wheels and repeating the crime as sexual objects. The victim who shall be able to honor and form a proper sexual value is likely to have caused considerable physical and mental shock and sexual humiliation due to each of the crimes of this case. The victim's mother is arguing about the fact that the defendant committed the indecent act against the victim around 2011, and it appears that the victim did not dispute about the fact that the defendant committed the indecent act against the victim and committed suicide with the victim. Nevertheless, the defendant appears to have committed a continuous indecent act on the ground that the defendant resisted the indecent act and had been committed by force.

On the other hand, all of the crimes of this case are recognized by the defendant, and the defendant is against the defendant, the defendant has no other criminal records except for the punishment of a fine on two occasions due to the violation of the Road Traffic Act, and the victim has submitted a written application for a carbon that he/she does not want the punishment of the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 6월 ~ 22년 6월 ◈ 양형기준 상...

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