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(영문) 서울고등법원 2012.11.01 2012노2519

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

. Information on the Defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable that the sentence (three years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too uneasible.

2. Determination

A. There is a reason to take into account the circumstances, such as the fact that the part of the defendant's case shows an attitude to repent his mistake in depth through the statement in the party trial and the statement in the court of the trial; the degree of indecent act and tangible force against the victim is relatively small; and the defendant suffers from disease such as alcohol addiction, depression, and uneasiness.

However, the crime of this case is committed against the victim who was 60 meters away from his residence before and after the house of the victim, who was 7 years old only, in front of the house of the victim, and was committed by indecent act by force. The defendant was sentenced on August 12, 201 to imprisonment with prison labor for a minor's attempted crime on April 7, 2012, and two months have not passed since the execution of the above punishment was completed, and thus, the crime of this case was committed during the repeated crime period. The above previous crime also committed the crime of this case was committed against the victim who was 18 minutes away from 6 minutes away from her house in front of the house of the victim's house, she moved 18 minutes away from her house to her mother school, she took her second-class female son and her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother her mother.