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(영문) 수원고등법원 2020.01.09 2019노456

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 5 years to complete a program, 40 hours to complete a program, and 3 years to restrict employment) that the court below made is too unreasonable.

2. Circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized a mistake and reflects the determination; (b) the victims have already expressed their intent not to punish the Defendant; (c) the Defendant has no penalty power exceeding fines; and (d) the Defendant has to support the disabled children H, etc.

However, despite the defendant's responsibility to rear and protect the victim C, who is his/her shelsheed, who is only 12 years of age in 12 years of age and merely 6 years of elementary school, the victim C committed similar acts and indecent act by compulsion, and then in the next year the victim C took the sexual organ of the victim C by using mobile phone camera, and the victim C informed the victim B of this fact, which caused the victim B to threaten the victim B with the kitchen, and caused violence to meet the head of the victim who was living in his/her house with the victim B. The crime is not very good. The defendant used violence by his/her her son or his/her her her her son at the time when her her son was her her son or when her her her son was her son, and due to the victim's physical and mental impulse or other serious mental impulses of the defendant, the defendant's her own son was already suffering from each of the above sexual crimes, and his/her own mental impulse and other mental impulses.