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(영문) 부산고등법원 2015.12.23 2015노646

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

The judgment below

The part of the defendant's case shall be reversed.

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

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years and six months, etc.) imposed by the court below against the defendant is too unreasonable.

B. Prosecutor 1) Although the sentence imposed by the lower court on the Defendant of unreasonable sentencing is too unfilled and unreasonable, it cannot be deemed that there are special circumstances to not disclose the personal information on the Defendant of improper exemption from disclosure order. However, it is unreasonable for the lower court to exempt the Defendant from disclosure order.

3. It is improper that the court below dismissed the defendant's request for an attachment order against the defendant even though the defendant's dismissal of the request for attachment order is highly likely to repeat

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case committed the crime of this case against the Defendant and the prosecutor: (a) by inserting her son and her son and son's son's son's son and forcing her to commit an indecent act by force; (b) using the trust of the victim and her her son and son, the crime of this case is not good; (c) the victim has committed the crime of this case repeatedly for a long time; (d) the victim stated that her son had committed the crime of this case; and (e) the defendant was deemed to have committed considerable mental shock due to each of the crimes of this case; (e) the defendant led to the confession of each of the crimes of this case at the trial, but on the other, there is considerable doubt as to whether the victim was her son and son's son's son's son and son's son's son's son's son and her son's son's son.

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