beta
(영문) 부산고등법원 2014.11.13 2014노577

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is deemed to be too uneasy and unfair, for the punishment imposed by the lower court (five years of imprisonment with prison labor for three years, five years of suspended execution, and 80 hours of sexual assault treatment programs

2. The crime of this case is committed by the victims of the age of 10, 7, and 5, who were the victims of the age of 10, 7, and 5, resided in the family of the defendant's mother together with his mother's appearance, and frequently play and locked and used an opportunity to play in the defendant's house, and thus, the defendant committed an indecent act against the victims, and the victims did not go out of the mental shock until seven years have passed, and there is concern that the victims might suffer from psychological and emotional symptoms for a considerable period of time in the future. Nevertheless, the defendant did not make an active effort to recover from the victims' damage, which is disadvantageous to the defendant.

On the other hand, however, there is no record of punishment for the defendant as a same crime, and there is no other criminal records except for the punishment for fraud and driving without license after 1985. The defendant can not be mixed with the disabled of the first degree of disability due to the paralysis of both legs as the disabled of the second degree of disability, and it seems difficult for the defendant to lead a normal life in mind due to high degree of disability. The defendant's wife also is the disabled of the first degree of disability due to cerebrma and without considering other family's care, and without considering the age, character, environment, family relationship, etc. of the defendant's husband and wife lives in the government subsidy. In addition, considering the above health condition of the defendant, the defendant can sufficiently prevent special effects of the suspension of execution of imprisonment even if the defendant imposes a special treatment within society, such as the suspension of execution of imprisonment on the defendant.