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(영문) 대전고등법원 (청주) 2014.06.19 2014노59
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the maximum of four years of imprisonment, and the maximum of 80 hours of sexual assault treatment programs) is too unreasonable;

2. Determination:

A. The lower court sentenced the Defendant to a punishment of imprisonment with prison labor for more than four years, which is less than the scope of the recommended sentence based on the sentencing guidelines, by comprehensively taking account of the favorable circumstances such as the fact that the instant crime was committed at one time, committed an indecent act against the wife under the age of 16 and rape, and the fact that the mental suffering suffered by the victim seems to be very serious, and that the Defendant committed a crime in the instant case, and that the Defendant committed a crime of knee and knee kne kne kne kel kne kel kel kel kel kel kel kel kel kel kel kne, and other various sentencing conditions, which are favorable to the Defendant, including the fact that the Defendant had no criminal power other than the suspension of indictment once.

B. At the time of the trial, a written application for carbon requesting the Defendant’s wife in the name of a minor victim was submitted, but considering such circumstances, the sentencing of the lower court does not seem too heavy.

The grounds for appeal are without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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