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(영문) 서울고등법원 2015.04.23 2015노777
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an unjust assertion) by the lower court (four years of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and divided the wrong facts, and appears to have led to the crime of this case somewhat contingently in the state of drinking, there are circumstances that can be considered in light of the circumstances, such as that the defendant did not have been sentenced to the same criminal power or a suspended execution or heavier punishment, and that the defendant does not want the punishment of the defendant under the agreement with the victim.

However, the crime of this case is one of the crimes committed by the defendant, recognizing the victim who is a friendly victim as a sexual target and rape, and the nature of the crime is serious in light of the content of the crime, and in particular, it is highly likely to criticize in that it is an anti-humanistic crime that has broken down the order among family members and the minimum view that should be observed in human relations. Accordingly, the victim who is a juvenile with whom the competence is anticipated appears to have suffered a considerable sexual humiliation and physical and mental pain. This can remain in the upper place where the victim would not be easily erased. As such, it is inevitable to punish the defendant, taking into account the fact that the corresponding severe punishment is inevitable, and other various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment of the court below seems to be appropriate, and it

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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