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(영문) 부산고등법원 2013.10.10 2013노396
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

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

Reasons

1. Part of the defendant's case

A. Summary of the grounds for appeal 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(2) In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (three years of imprisonment, 80 hours of completion of a sexual assault treatment program, 5 years of disclosure of information, and 5 years of notification) is too unreasonable. (2) The sentence imposed by the lower court in light of the various sentencing conditions in the instant case by the Prosecutor is too uneasible.

B. The crime of this case is a crime of assault and intimidation committed by the defendant, who committed an indecent act on three occasions against the victim C, who is his or her relative, and carrying a deadly weapon with the victim G, and the victim C, who was under seven years of age at the time of the first crime of this case, seems to have suffered a big mental impulse due to the crime of this case, and there is no history of sentencing unfavorable to the defendant and the defendant. The victims of the crime of this case and the legal representative of the victims do not want to be punished against the defendant. The defendant suffered from various diseases, such as adultery and alcohol dementia, around September 2011 after he or she got a liver surgery on or around September 201, and suffered from various diseases, such as the victim's maternity and alcohol dementia, and the victim's parental authority was transferred to I by the victim by waiver of the victim's custody, and the victim's age and age favorable to the defendant's age, personality, conduct, etc., are deemed to be unfair or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

2. Part of the attachment order case

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