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(영문) 대전고등법원 2016.06.10 2016노86

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)

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The defendant's appeal is dismissed.

Reasons

The court below found the defendant guilty of all the facts charged in this case and sentenced the defendant to five years of imprisonment, and sentenced the prosecutor to dismiss the prosecutor's request for attachment order and for protective observation order.

Since only the defendant filed an appeal against this issue, the case of a request for attachment order and a protective order shall be excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal against this case.

Therefore, the subject of this court's adjudication is limited to the defendant case.

2. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (five years of imprisonment) is too heavy.

3. Determination

A. "Abstinence of punishment" that acts as mitigation factors in sentencing guidelines for sex crimes means a case where the defendant has committed a crime in a serious way, made a serious effort to reach an agreement, thereby compensating the victim for the damage. The victim is accurately aware of the legal and social meaning of the committee that is not subject to punishment and does not want to be punished by the defendant.

When the victim is a minor, relative, etc., it does not include cases where it is determined that there is no reason to generally understand the meaning, contents, effects, etc. of the victim's non-existence of punishment, but it shall include cases where such expression of intent falls under such cases as a result of careful judgment.

According to the records of this case, on March 21, 2016, which was after the decision of the court below was rendered, the victim needs to read the low-water straw. We need to look at the low-water straw.

It is necessary to make it possible for us to return to the house.

r. arb.