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(영문) 부산고등법원 2015.08.13 2015노310

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the various sentencing conditions in the instant case (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) of the lower court is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant include: (a) the Defendant, who led to the confession of the instant crime, was able to repent of his mistake and reflect in depth; (b) there was no history of the same sexual crime; and (c) the victim did not want the punishment against the Defendant by mutual consent with the victim.

On the other hand, the crime of this case is deemed to have been committed by the defendant as his father/child of his spouse in de facto marriage and sexual intercourse by force, and the nature and circumstances of the crime are very poor and heavy, the victim seems to have suffered considerable sexual humiliation and mental suffering as the case by his/her prone juvenile, which can not be easily erased in the future. The statutory punishment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.) is imprisonment for life or for not less than five years, and the court below has selected a limited term of imprisonment and reduced the maximum amount of imprisonment for a limited term of two years and six months (two years and 15 years from imprisonment), and in full view of various sentencing conditions indicated in the argument of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., it cannot be deemed that it belongs to the punishment of the defendant within the scope of the punishment imposed by the defendant.

Therefore, the defendant's ground of appeal disputing unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.