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(영문) 서울고등법원 2015.04.10 2014노3951
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the mother of the victim and the victim does not want the punishment of the defendant; (b) the defendant did not have assault or intimidation as a means of committing a crime; (c) the defendant did not have the same criminal record and was sentenced to imprisonment before the instant case; and (d) the defendant recognized the instant crime and reflected.

The crime of this case is committed by indecent act by force on several occasions against the victim, and the body of the victim is taken up. The nature of the crime is not very good. The victim appears to have been frightd with considerable mental shock and sexual humiliation due to the crime of this case, etc., which are disadvantageous to the defendant.

In full view of the above points and other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the equity with the case of the crime of paragraph (1) in which the judgment becomes final and conclusive at the same time when the judgment becomes final and conclusive, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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