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(영문) 서울고등법원 2017.08.17 2017노1531
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.

However, the defendant repeatedly committed the crime of this case during the period of repeated crime; the crime of this case was committed by the defendant's indecent act by force against a relative related person; the crime of this case was committed with considerable mental suffering and pain to the victim; the defendant did not agree with the victim up to the trial; the defendant did not agree with the victim; the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes of this case was more than five years; the court below sentenced two years and six months to the maximum amount of imprisonment; the defendant's age, sex and sex, environment, motive, means and consequence of the crime; and the circumstances after the crime were committed, etc., it is not recognized that the sentence of the court below is too unreasonable, considering the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive and consequence of the crime, and the circumstances after the crime. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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