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(영문) 서울고등법원 2018.07.05 2018노1076
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The guilty portion of the case against the defendant of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for three years.

(b) the defendant;

Reasons

1. The court below found the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (Indecent Conduct by Relatives) among the parts of the case, and dismissed the public prosecution regarding the part concerning the attachment order, and sentenced the judgment dismissing the prosecutor's request regarding the part concerning the attachment order. The part concerning the defendant's appeal only against the conviction part concerning the defendant's case and the prosecutor did not appeal the defendant and the prosecutor became final and conclusive, and the part concerning the attachment order excluded the part concerning the attachment order from the provisions of Article 9 (8) of the Act on Special Cases Concerning the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., and thus, the scope of the judgment of this court is limited to the part concerning the defendant's each of the part concerning the case which the court below convicted, and it is limited to the part concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment

2. The summary of the grounds for appeal is too unreasonable for the sentencing of the court below (the court below, despite the victim's expression of non-existence of punishment, did not recognize it as a special mitigation and determined the defendant's punishment. Thus, the court below committed the crime of this case again despite the defendant's past record of having been punished as a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special rape, etc.). The crime of this case is committed by the defendant by force against the victim under 13 years of age, and the crime of this case is committed by force against the victim F, who is his father, and committed indecent act by force over a long-term period of time by E, and its nature is heavy, social and moral criticism is very high.

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