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(영문) 대전고등법원(청주) 2020.09.10 2020노97
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., imprisonment) of the lower court is too uneased and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court held that: (a) each of the instant crimes committed by the Defendant’s senior mother, together with his parents, committed several indecent acts; (b) even after the Defendant’s husband and wife took care of the victim, the Defendant committed an anti-human sexual crime with the duty and responsibility to protect and rear the victim so that the victim can grow properly; (c) the victim’s age at the time of each of the instant crimes was 13-18 years old; and (d) the Defendant committed each of the instant crimes at home with a more safe and more peace than one place; and (d) the victim was unable to properly take account of his parent’s divorce, etc., due to the instant crime, not only caused mental and physical pain difficult to cope with neglect due to the instant crime; and (d) the Defendant did not take any other unfavorable measures, such as the Defendant’s motive and sound sexual identity; and (c) the Defendant did not take any other disadvantageous measures to recover the Defendant.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court is deemed to have comprehensively taken account of the sentencing guidelines.

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