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(영문) 대구고등법원 2017.01.12 2016노612
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request for attachment order was filed

Therefore, notwithstanding the provisions of Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and thus, it is limited to the part of the judgment below of this court

2. The summary of the grounds for appeal (five years of imprisonment) that the lower court sentenced the Defendant is too excessive and unfair (the Defendant asserted to the effect that he was guilty of facts on the grounds of appeal, but the Defendant respondeded to it on the first trial date of the first trial of the first instance court).

The defendant has old history of criminal punishment, except for minor criminal records and one time, and has no record of criminal punishment, and has no record of health of the defendant with disabilities of the second degree with disabilities of the disability in the second degree, due to the low half-mast, the acute light of the scale, etc.

The defendant deposited KRW 2 million for the victim in the trial of the party.

However, the crime of this case is very serious in that the defendant attempted to rape the victim who is his father and wife on two occasions, and the crime of this case is committed against his father and wife.

The Defendant committed a crime by taking the following as a subject of sexual humiliation, who was at the age of intellectual disability (class 3), and who was at the age of the victim (age 9 and 12 at that time), who was at the age of the intellectual disability (age 9 and 12 at that time).

Victim and family members are expected to be highly shocked due to the defendant's crime, and the victim still wishes to punish the defendant.

In this respect, it is inevitable to strictly punish the defendant.

In addition to these circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime.

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