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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2018.01.17 2017노310
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the reasons for appeal is unfair because the sentence (the imprisonment of eight years, the order to complete the course 80 hours) imposed by the court below on the defendant is too unreasonable.

Judgment

The crime of this case committed each of the following acts: (a) the Defendant committed an indecent act against the victim C (the 12 years of age at the time of the first damage) of his/her father, who was his/her father, by suppressing resistance against the victim C (the 12 years of age at the time of the first damage), and committed an indecent act against the victim D (the 11 years of age at the time of the first damage) who was his/her father, by using the fact that he/she was forced to commit an indecent act or diving on several occasions over several years; (b) the nature and method of the crime was extremely poor; (c) the Defendant was responsible for protecting and fostering the victims so that they can grow healthy, but the victims committed an indecent act against the victims of her age repeatedly over a long time to resolve their distorted sexual desire; and (d) the victims were suffering from considerable mental suffering and humiliation to the extent that it is difficult to cure their physical suffering as well as physical suffering due to each of the crimes of this case; and (d) the victims suffered normal mental suffering and humiliation.

On the other hand, the circumstances favorable to the defendant are that the defendant recognizes all of the crimes of this case and reflects his mistake, and that the defendant has no record of punishment exceeding the same kind of crime or fine.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 5년 ~ 22년 6월 ◈ 양형기준의 적용 각 성폭력범죄의 처벌 등에 관한 특례법위반( 친족관계에 의한 강제 추행) 죄 및...

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