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(영문) 서울고등법원 2013.03.15 2012노3816
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant is a sexual assault treatment program.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment of the court below: (a) even during the marriage life with the victim, the defendant assaulted the victim and even assaulted the victim (Evidence No. 89, 2 book No. 49) even before the victim’s children are viewed, etc., (Evidence No. 1 Book No. 89, 2 book No. 89); (b) on August 30, 2008, the defendant prepared a letter of intent not to assault the victim (Evidence No. 90 pages); and (c) on November 2, 2011, the defendant committed the indecent act by force of this case on November 8, 201, prepared a letter of intent that the victim should not visit, assault, or threaten the victim; and (d) even after being investigated by the police on April 23, 2012 due to the victim’s accusation, etc., the victim still did not suffer from mental harm to the victim’s family members, such as the victim’s injury to the victim and the victim’s family members who did not suffer from divorce.

The defendant reflects the defendant's mistake in depth, and there are some points to consider the motive of the defendant, such as provoking the victim's incompetence or moving back to the crime of this case by gathering the victim's children from the victim's house after divorce, and paying 50,000 won to the victim for the crime of injury committed on October 9, 201, as additional treatment expenses, and the defendant has reached the judgment of the court.

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