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(영문) 부산고등법원 2013.06.12 2013노188

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of suspended sentence in one year and six months, and three years of suspended sentence in one year and six months, respectively) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case was committed by the Defendant at the home appliances service center in the same manner as stated in the facts constituting the crime in the judgment below, where the Defendant first committed indecent acts by compulsion against the victim, who is the four-year-old child at the home appliances service center, by the same method as indicated in the facts constituting the crime in the judgment below. In light of the circumstances and contents of the crime, the nature of the crime is not somewhat weak, and the victimized child appears to have suffered considerable mental shock due to this case, and is not agreed with

However, the defendant reflects his mistake in depth, and the defendant's intelligence index is about five years of age due to the congenital two early convergence symptoms, and the intellectual disability Grade 2, who is merely about seven to eight years of age, appears to be in a state of mental disorder. The defendant does not seem to have committed the crime in this case for the motive or purpose that the defendant intends to meet sexual interest or desire, the defendant's family members are in a state of continuous interest and discipline against the defendant, the defendant's primary crime, and other conditions of sentencing specified in the argument in this case, such as the defendant's age, character and character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is without merit.

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