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(영문) 광주고등법원 2014.06.19 2014노127

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (four years of imprisonment) is too unreasonable.

Judgment

The fact that the defendant does not want the punishment of the defendant under the agreement with the victim's guardian, that the defendant has no same criminal records as the previous criminal records, and that the family's intent to protect the defendant seems to be high is a favorable sentencing factor.

However, the crime of this case is extremely poor in the nature of the crime against female children who are only nine years of age and who are friendly with their own children in comparison with indecent acts by compulsion. The crime of this case led to the victim to feel a considerable sense of sexual shame and a sense of extinction due to the crime of this case, which seems to cause considerable hindrance to the formation of sound sexual values in the future, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and sentencing guidelines of the Sentencing Committee, such as the following circumstances, etc., should be taken into account.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.