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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.05.31 2013노1054
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 4 years of imprisonment, 120 hours of sexual assault treatment programs, disclosure of information, and 10 years of notification) of the lower court’s sentence against the Defendant is too unreasonable.

2. The defendant does not have any criminal record against the defendant, and in relation to the crime of this case, the defendant stated as follows: "When she became aware that she has a sexual intercourse with the married woman after her wife has divorced due to his or her influoral act, his or her wife has become aware of the fact that she has a sexual intercourse with the male father's age, she has reached the mind that she would cause confusion and give up all her husband's sex." The defendant's suspicion of the crime of this case is closed, she is divided into a serious mind, and the victim and her mother do not want the punishment of the defendant, etc., which are favorable to the defendant.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as: (a) off the clothes of the victim, which is merely 16 years old or older, merely confirming and examining whether the defendant is married, and (b) rapes the victim; and (c) the nature of the crime is very poor; and (d) the victim seems to have suffered from sexual assault against the defendant, who is a father-child, in a state that emotionally vulnerable after the divorce of the parent, would have been unable to recover from it.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the range of recommended sentences according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court [decision of types] shall be general criteria for sexual crimes. rape/special rape [Special Rape] by relatives, such as rape/residential intrusion, etc. by relatives (subject to the age of 13): The mitigated area of punishment [decision of the recommended area] [the mitigated area of punishment] [the mitigated area of punishment] three to five years [the mitigated area of punishment]: relatives.

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