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(영문) 서울고등법원 2018.01.18 2017노2810
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Although the crime of this case is the relative of the victim C and must protect and rear the victim C, the crime of this case is committed several times by taking advantage of the authority as a relative of the victim C, and rather, by taking advantage of the authority of the victim C to rape or rape the victim C, by carrying a knife knife, which is a dangerous object, and by assaulting the victim C, D, which is a child, and at the same time committing emotional abuse that is detrimental to the victim C, C, and D's mental health and development, and the nature of the crime is heavy, is highly likely to be criticized, and the crime of this case is highly likely to be morally and morally criticized, and the defendant was aware of the mental suffering and suffering which are difficult to recover the victim C due to the crime of this case, and the defendant did not agree with the victim C and D until the trial of the party.

However, when considering the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable, and thus, the above argument by the defendant and the prosecutor is without merit. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the "Date B, 2016" of the 4th 21st eth eth 201 of the judgment of the court below is each a clerical error in the 2017 eth eth 5th eth eth eth 5th eth eth 2017, "F, 2017 eth eth 5th eth eth eth eth eth eth eth eth 5th 2017."

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