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(영문) 대구고등법원 2015.07.23 2015노159
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간등)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant and the prosecutor’s assertion of unfair sentencing, the Defendant, as a shesheshesheshesheshesheshed from around 2005, committed an indecent act by force against the said victim and sexual intercourse with the victim G, who had been over ten years of age at the time, committed indecent act by force or rape, and committed sexual intercourse with the said victim by force for about eight years until March 2013.

In addition, the Defendant did not send the victim I who was in the fifth grade of elementary school and the victim I who was in the second grade of elementary school at the time when he was living together with his family members including the above victim, but did not send the victim I who was in the second grade of elementary school and was in the second grade of elementary school and did the victim I who was in the second grade of the above victim and did the victim's act of abuse.

Due to these crimes, victims have been suffering from sexual violence and abuse for a long time without receiving normal education as other children, and the victims' physical and mental suffering and suffering from these crimes have come to a big disability that the victims grow into normal and sound members of society.

The victims and their mother have repeated punishment against the defendant.

On the other hand, the defendant, who has no criminal record of the same kind, has committed a violation of his or her wrong act late.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the scope of recommended punishment according to the sentencing guidelines (one year to 45 years of imprisonment), including the circumstances after the instant crime, etc., the lower court’s punishment corresponds to the Defendant’s liability.

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