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(영문) 서울고등법원 2018.05.15 2018노12
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) in light of the following facts: (a) the victim was living separately from the husband due to the instant case and was under economic difficulty due to the husband’s failure to receive the child support from the husband, and was agreed upon by the Defendant; (b) however, immediately after the decision of the lower court was rendered, the lower court’s sentence against the Defendant (a punishment of imprisonment for a period of two years and six months, probation period of three years, 80 hours, and an order to provide community service and to provide sexual assault treatment lectures for a period of 40 hours) is too unreasonable.

2. The judgment of the defendant committed the crime of this case by forcing the victim several times, such as kissk, kisk, booming, leaving his knish, leaving his knish, leaving his knish, leaving his knish, leaving his knish, leaving his knish with his knish, etc., and committing the crime of this case. The crime of this case is extremely poor in light of the fact that the crime of forced indecent acts was committed several times, and that the crime of this case was committed several times by force.

The victim appears to have suffered from severe sexual humiliation and irrecoverable mental shock and suffering due to the crime of this case, and actually, it seems that not only the mental suffering due to the crime of this case but also the family incombustible and economic difficulties have been experienced.

Such circumstances are disadvantageous to the defendant.

However, the Defendant recognized all of the crimes of this case, and repented his mistake.

The Defendant agreed with the victim during the trial of the lower court, and the victim directly submitted to the lower court a written agreement to the effect that “I wish to complete the instant case by receiving agreed money from the Defendant.” (In light of the content of the victim’s investigative agency’s statement, attitude of statement and content of the written agreement, etc., the victim is an overseas Korean with Chinese nationality.

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