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(영문) 부산고등법원 (창원) 2017.05.17 2016노462
유사강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the third trial date, the Defendant explicitly withdrawn the assertion of violation of the rules of evidence by misunderstanding the facts and misunderstanding the facts on the trial date.

The sentence (five years of imprisonment, 40 hours of order) sentenced by the court below against the defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Each of the instant offenses is the following: (a) each of the instant offenses committed by the Defendant habitually commits assault or bodily harm against the victim D over a considerable period of time; (b) assaulting the victim against the victim to suppress him/her over two times; (c) raped the victimized child E over several times; and (d) abused the victimized child E over several times; and (c) in the process, the crime and method of committing the crime are very poor; (d) assault and bodily harm inflicted on the victim or the victimized child; (c) the Defendant committed assaulting the victim or committing similar rape on the part of the victimized child; (d) the crime of child abuse committed by the Defendant was committed in the presence of the victimized child; (e) it is highly likely to criticize the victim because it may affect the physical and mental health of the victimized child in a psychological and physical development in the future; and (e) the victim seems to have suffered sexual humiliation due to the instant habitual injury, similar rape; and (e) the Defendant did not make efforts to punish the victimized child to recover the victimized child to his/her normal level.

On the other hand, when the defendant was found to have committed each of the crimes of this case, the defendant reflects his mistake while recognizing all of the crimes of this case, and the defendant has no record of punishment exceeding the same kind of crime or fine, etc. are favorable to the defendant.

The above circumstances and the Defendant’s age, sex, environment, and age.

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