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(영문) 서울고등법원 2020.01.07 2019노2263
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

, however, for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defendant is too unreasonable that the original court (the first instance court) sentenced the defendant to the punishment (the imprisonment of two years and six months and the suspended execution of three years, etc.) is too unreasonable;

In particular, the probation period, community service hours, and time to attend sexual assault treatment courses are unfair.

2. The crime of this case is an indecent act committed by the defendant when the victim, who is a pro-born victim, was able to do so, and its nature is poor.

The victim seems to have suffered significant mental suffering due to the crime of this case for a long time.

These circumstances are sentencing materials that are disadvantageous to the defendant.

There is no evidence that the defendant additionally committed any act similar to that in this case against the victim.

The defendant is an elementary offender who has no record of criminal punishment.

From the investigation stage, the Defendant had an attitude to recognize and reflect the instant crime. Before the judgment of this case became final, the welfare facility for the aged was already engaged in voluntary activities for about 187 hours.

Family members of the victim including the defendant are trying to prevent further damage that can occur to the victim by separating the residence of the defendant.

The accused is voluntarily receiving mental health therapy.

The victim also accepted the defendant's will and did not want to punish the defendant.

These circumstances are sentencing data favorable to the defendant.

In full view of the following circumstances, including the Defendant’s age, career, environment, motive and background of the crime, means and consequence, the circumstances after the crime were committed, etc., the sentence that the lower court rendered is unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. As the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is again rendered through pleading.

In other words,

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