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(영문) 대구고등법원 2017.09.21 2017노252
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the imprisonment of three years, the suspension of execution of five years, and the lectures of sexual assault treatment for forty hours) is too uneasy and unreasonable.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant in a de facto marital relationship with her child, by using the fact that the mental age of the victim who reported the marriage is significantly far far far away from the general public and that it is easy to commit an indecent act, and thus, in light of the motive, method, period, and relationship between the defendant and the victim, etc. of the crime, the crime of this case is committed with the chest or committed an indecent act by force of the victim on three occasions. The crime of this case is committed with the victim, and it is not good that the crime is committed, and the defendant is not good, and it is highly likely that the victim with disability would be criticized for committing the crime of this case by taking advantage of the victim's disability, while the victim might have suffered a considerable sense of sexual humiliation due to the defendant's act, etc.

On the other hand, the fact that the defendant was aware of and reflected in the crime of this case, the victim did not want the punishment of the defendant by agreement with the victim, the defendant is currently supporting four children, and there is no record of the same sex crime, etc. are favorable to the defendant.

As above, the court below comprehensively considered all of the sentencing conditions as stated in the records and arguments of this case, such as the defendant's age, age, sexual conduct and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., which are disadvantageous to or favorable to the defendant, and also considered the sentencing conditions as stated in the judgment below, and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by force) and the crime of kinship with each sexual crime as stated in the judgment of the court below, in consideration of these sentencing conditions.

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