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(영문) 부산고등법원 2018.01.18 2017노595
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The sentence imposed by the lower court on the Defendant (one-year imprisonment, etc.) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below and the trial of the court below that the defendant committed the above crimes against the defendant [each of the crimes of this case committed by the defendant] since 2015, where the victim, who is a shelve's son, was in the five-year elementary school grade, raped the victim two times over two times during the five-year period from the date when the defendant attended an elementary school, and forced indecent act four times (one of these crimes committed when the victim was under 13 years of age). The crime was extremely poor in light of the course, contents, means, and methods of the crime, and the frequency of the crime, etc.; the defendant was responsible for protecting and raising the victim as a shelveter of the victim; the defendant committed the above anti-human crime at his residence where his mother and her mother reside together with the victim, and there is a high possibility of criticism; the defendant committed the crime of this case with no mental harm from each of the crimes of this case to the formation of the victim's physical and mental identity, and it appears that the victim had suffered from considerable mental harm or harm from each of this case.

In the court below, while the victim tried to punish the defendant, it could be seen that the defendant will be expressed as a victim, that is, the following in this court:

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