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(영문) 광주고등법원 2013.07.18 2013노161
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable, as the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”).

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. Determination

A. The part of the defendant's case is favorable to the defendant that the defendant committed an offense against the defendant when he was judged to be guilty, and all of his mistakes are divided, there is no record of criminal punishment, and the victim's side did not want the punishment of the defendant.

However, the crime of this case is committed by the Defendant’s sheshel’s wife from the time when the Defendant died to force the victim from the time when the victim was her her her she had sexual intercourse with the victim by force from the time when the victim died to the time when her her her her her her she had sexual intercourse with the victim at least 5 times a year, and the Defendant has sexual intercourse with the victim by force over 5 times a year, and the crime was committed several times in a planned period of time, such as purchase of officetels for the purpose of sexual intercourse with the victim at the same time, and the purchase of officetels for the purpose of sexual intercourse with the victim at that time, etc., and other sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and behavior, environment, motive, means and method of the crime, etc., the lower court’s punishment

B. As long as a prosecutor partly filed an appeal against a prosecuted case, the case is deemed to have filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the appeal regarding this part of the petition of appeal and the statement of grounds of appeal submitted by the prosecutor is not required to be reversed ex officio.

3. The conclusion is that the part of the judgment below regarding the case of attachment order.

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