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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.03.21 2014노70
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment, 180 hours of completion of sexual assault treatment programs, and 5 years of disclosure and notification) declared by the court below is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant has no criminal record of a sexual crime; (b) the defendant has committed a sex offense committed against him/her; and (c) the defendant's emotional apprehension and apprehensions seems to have influenced the crime of this case.

On the other hand, the crime of this case is committed by the defendant who committed rape or attempted rape, and the nature of the crime and the circumstances are heavy, and even if the victim appears to have suffered considerable mental impulse due to the crime of this case, there is no circumstance to deem that the damage was recovered. The defendant committed the crime of this case because he was sentenced to a suspended sentence of 2 years on June 5, 2013 to 8 months after he was sentenced to a suspended sentence of 2 years due to a special larceny in the Jung-gu District Court's high support for the defendant on June 5, 2013.

In addition, on July 5, 2013, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., various conditions of sentencing according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) [the decision of types] and no rape [the scope of recommendations] (including the two types due to rape in relation to relatives] is included in the basic area of punishment [the scope of recommendations]. The basic area of punishment is that the defendant should not be subject to the sentencing guidelines] and the final sentencing scope [the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in relation of relatives) around five years and eight years from July 6, 2013]: The punishment of the defendant is too unfair, taking into account the following factors: more than five years (the basic sentencing guidelines have not been set, and the minimum limit of the recommended punishment on the crime set by the sentencing guidelines are set).

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