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(영문) 부산고등법원 2014.11.27 2014노668
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (the imprisonment of eight years and the completion of 80 hours of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the time of the instant crime, which were acknowledged by the evidence duly adopted and examined by the lower court, the Defendant was aware that he was in a bad condition at the time of the instant partial crime, but did not have the ability to discern things or make decisions due to the fact.

It does not seem to be in a state or weak.

The defendant's ground of appeal on this part is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is favorable to the Defendant, such as the fact that all of the instant crimes were led to confession and reflectiveness, the fact that there was no record of sexual crime, and the fact that the health status was not good.

However, although the defendant, as his father, is responsible for raising a victim who is a father and is a father, he committed each of the crimes of this case by taking the victim who needs more protection and interest because of intellectual disorder as a means to resolve his sexual desire. In light of the relationship between the defendant and the victim, the behavior mode, the frequency of crimes, etc., the responsibility for the crime is very heavy, and the victim is obviously suffering from mental and physical confusion and shock due to each of the crimes of this case. At the same time, it is obvious that the defendant who is the perpetrator is placed in his guardian at the same time in a dynamic situation, and the mental suffering and aftermatha are expected to be reasonable in the future. The defendant committed the crime of this case by his misunderstanding and gambling.

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