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(영문) 대구고등법원 2015.12.17 2015노455

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (seven years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The part of the Defendant’s case (e.g., e., g., e., e., e., g., e., e., e., g., e., e., g.,

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there is no criminal power except once a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the Defendant appears to have committed all crimes from the second trial date of the lower court to the trial court, thereby opposing the Defendant’s wrongness.

However, the crime of this case is highly likely to be criticized in that the defendant, who is the director of the Taekwondo hall, was putting the defendant's house in the entrance of the victim's elementary school student, putting his hand into the victim's panty, kneeel and kneel and kneel and sexual intercourse with the victim after making the victim knee and kel down his hand over several times, and sexual intercourse with the victim. It is extremely poor that the crime of this case was committed against the third party who should be directed, supervised and protected, and that he committed such crime against the third party.

At the time when the victim should build a sound sexual identity and values, he/she suffered from the defendant with the mind that it is difficult to cure his/her life by committing the above sexual assault, and the family members of the victim who believed the defendant as an excellent straw and provided education to the victim seems to have been seriously shocked.

Furthermore, the defendant denies the sexual intercourse crime in the police and the prosecution, and let the victim investigatee three times.