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(영문) 대구고등법원 2015.11.19 2015노475
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (three years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the Defendant case, the Defendant, as the father of the Victim C, committed an indecent act by force against C, who is merely 12 years of age, in the house, and who was shocked as a result of committing an indecent act by force in C, who was admitted to the shelter and lives in the shelter, and was later committed an indecent act by force against C, who was 13 years of age or older, in the house.

In addition, even though the defendant had been already punished for the violation of the Road Traffic Act (unlicensed Driving) several times, he/she caused a traffic accident while driving a motor vehicle not covered by mandatory insurance without a driver's license.

The crimes of these defendants are very poor in light of their methods, contents, or anti-humanity.

In particular, C and F, which were at the time to form a sound sexual identity and values, seems to have caused a huge sexual humiliation and mental suffering due to the Defendant’s above indecent act by compulsion.

The Defendant did not receive a letter from the victims of the instant case and did not take any particular measures to recover from damage.

On the other hand, the Defendant had no record of being punished for sexual crimes or of being sentenced to suspended sentence or heavier punishment before committing the instant crime, and seems to have committed the instant indecent act by compulsion under the influence of drinking.

The defendant is in profoundly against his wrongness.

In full view of the following circumstances, including these circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court shall be held liable.

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