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(영문) 광주고등법원 (전주) 2019.09.17 2019노126
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for nine years.

For the defendant.

Reasons

The court below rendered a judgment of conviction on the part of the defendant's case and dismissed the prosecutor's request regarding the part of the request for attachment order, and only the defendant appealed.

Therefore, the scope of this court's adjudication is limited to the defendant case.

Summary of Grounds for Appeal

The punishment of the court below (12 years of imprisonment) is too unreasonable.

Judgment

The crime of this case is a case in which the defendant, who is responsible for raising and protecting his child, committed rapes or makes indecent acts by force over several times from the age of eight to eight years, in order to meet his own sexual desire by neglecting such obligation, and the crime of this case is very poor and ethical criticism.

Due to the instant case, even though the victim was faced with considerable mental impulses, such as self-harm and self-harm, etc., he/she appears to be able to be able to help his/her family.

The victim seems to have not yet been fully recovered from the damage, and the defendant's severe punishment is inevitable.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized all of the crimes of this case and reflected against the defendant, and there is no record of sex offense except this case.

In the meantime, the Defendant has supported decent families while driving cargo vehicles.

The defendant is married with the mother of the victim and has two children between them, and the mother of the victim is called as soon as possible by the defendant, together with his knowledge about the victim.

The victim sent the letter of appeal to the defendant to the court and appeared on the trial date, and again appeals against the defendant once again.

These circumstances are favorable to the defendant.

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