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(영문) 서울고등법원 2013.12.26 2013노3398

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 100 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a person who was sentenced to imprisonment for three years and six months and one hundred hours) is too unreasonable.

2. Each of the crimes of this case on the market is that the above victims want to be punished for the defendant, since the defendant conspireds with some victims and failed to recover from damage, and the above victims want to receive punishment for the same crime on September 10, 2010, considering the fact that the defendant had been sentenced to a suspended sentence of 2 years in Seoul Central District Court sentenced to a suspended sentence of 2 years in the year of 2010, without being aware of the fact that the defendant had been punished several times for the same crime, such as the defendant's special larceny and larceny, stolen and stolen property, acquired stolen property, taken property jointly or independently by taking advantage of stolen property, inflicted bodily harm, and forced indecent act by force by force, and assaulted minors and juveniles under the age of 13, in light of the criminal law, contents and frequency, etc.

However, in full confession of each of the crimes in this case, the defendant committed a mistake in depth, and the victim G, AD, AF, AK, and J did not want to be punished against the defendant, and in full view of the defendant's age, career, character and behavior, environment, motive and background of each of the crimes in this case, means and method of each of the crimes in this case, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is reasonable.