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(영문) 서울고등법원 2015.08.27 2014노3100
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and four years of suspended execution) of the lower court is deemed unreasonable.

Judgment

The crime of this case is committed in a manner that the defendant committed an indecent act against the victim by neglecting his responsibility to rear and protect the victim, who is a shelshel’s father, and forcing the victim to commit an indecent act. The content of the crime was anti-humanistic and very poor, the victim appears to have received a big mental impulse, and the crime of this case led to the situation where the victim should prepare for self-reliance by neglecting her friendship from her mother to her mother, and even though the defendant did not seem to have a reflective attitude while denying the crime of this case from the investigative agency to the court below, and the defendant seems to have suffered additional mental distress to the victim.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case late later and later, there is no history that the defendant was punished for a heavier punishment than the fine, or that there was no history that the defendant was punished for a sexual crime, and that there was a child between the defendant and the victim's friendly E, and the victim has withdrawn the complaint from the investigative agency in consideration of the above circumstances, taking into account that the victim did not want the punishment against the defendant, and that at the time of the trial, the defendant did not want the punishment against the defendant, and other conditions of the argument and the records of this case, such as the character, behavior, environment, family relationship, and circumstances after the crime, it is difficult to see that the court below's punishment is too unreasonable

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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