(영문) 대전고등법원 2019.03.29 2018노552 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2019.03.29 2018노552

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment to dismiss the prosecutor’s request regarding the part of the Defendant’s case and the part of the attachment order case, and only the Defendant appealed.

Therefore, the part of the attachment order case shall be excluded from the scope of the judgment of this court, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for lack of interest in appeal.

2. The summary of the grounds for appeal: The lower court’s imprisonment (four years of imprisonment) is too heavy.

3. The fact that the instant crime was committed in the course of attempted crimes, the Defendant appears to have committed the instant crime, and that the degree of the type used by the Defendant during the course of the crime is relatively minor, etc., are favorable to the Defendant.

However, even though the defendant is responsible for raising the victim healthy as father of the victim, in order to resolve his distorted sexual desire, he committed an anti-humanistic crime against the victim by neglecting his responsibility as father.

Although the crime of this case was committed on the attempted crime, the intent of the crime of this case was not achieved because the victim was frighted, frightened, sounded, and frightened, and frightened. The victim, due to the crime of this case, suffered a considerable mental suffering, and furthermore, is likely to have a negative impact on the victim even if he formed a sexual identity and values.

The defendant did not receive a letter from the victim because of such a mistake.

In addition, the defendant has a total of nine criminal records including sex offenses.

Therefore, the defendant who committed the crime of this case with a large social criticism as well as the personal character of the victim shall be considered to the maximum extent possible in favor of the defendant.

Even if it is isolated from society for a certain period of time, it is criminal.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

유사 판례

-서울고등법원 2013.04.25 2012노4022

-서울고등법원 2014.01.16 2013노3349

-서울고등법원 2012.12.28 2012노3887

-서울고등법원 2013.10.17 2013노2540

-대전고등법원 2016.12.23 2016노365