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(영문) 부산고등법원 (창원) 2017.07.12 2017노129

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, three years of probation observation and 40 hours of order to attend a course) is too unfluened.

2. The crime of this case is a person who committed the crime of this case under the influence of multiple criminal punishment on the part of the defendant, on the part of the victim (the victim (the victim (the victim (the victim of 9) who was married in the school playground) by taking her fingers, committed an indecent act with the victim, etc. on November 15, 201, and the nature of the crime is very poor. The victim of the age is suffering from a considerable physical and mental shock due to the crime of this case, and made a sense of sexual humiliation. This may interfere with the formation of a sound sexual values and identity of the victim who is growing, the defendant did not reach an agreement with the victim, the defendant did not violate the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. and the Punishment of Violences, etc. Act, and, in particular, committed the crime of this case under the same kind of punishment at the Changwon District Court on the part of the victim (the minor indecent act under the age of 13), who was sentenced to suspended execution for three years and less than three years.

On the other hand, the defendant's mistake is divided and reflected in his mistake when the defendant was in the trial, the type of indecent act that the defendant exercised against the victim is not much serious, the defendant is old, and the J, his father, his father, the defendant's father, endeavor to prevent the recidivism of the defendant in the court below and the court below.

It is favorable to the defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the sentencing guidelines for the Supreme Court sentencing committee.