beta
(영문) 대구고등법원 2015.10.15 2015노396

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

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 (two years and six months 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., e., g., e., e.,

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the degree of the type of force exercised by the Defendant in the course of the instant crime is not much serious, and the Defendant replys to his mistake and is in depth and reflects his depth, and the Defendant is relatively old, and the health status is not good due to cerebral defect, etc., is favorable to the Defendant.

However, the crime of this case is an indecent act by compulsion of two female students of the fourth-year elementary school playing in apartment playgrounds while the defendant provided community service on behalf of a fine, and the crime of this case is not likely to be committed in light of the method and content of the crime.

It seems that the victims and their families of age who did not properly form sexual identity and values have reached a lot of impulses due to the above crimes.

Nevertheless, the Defendant did not receive a letter from the victims, and did not completely recover from damage.

Furthermore, on December 23, 2009, the Defendant was prosecuted for rape, and was found to have been subject to a non-prosecution disposition by the authority to institute the charges, and on December 22, 201, the Defendant was indicted for indecent acts by force on the ground that her her her mm was used and rhem was committed by force on the ground that it was committed by force on December 22, 201, and received a decision to dismiss the prosecution due to the victim’s cancellation of the complaint and the prosecutor’s cancellation

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and result of the crime shall be considered after the crime is committed.