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(영문) 대구고등법원 2019.05.08 2018노594

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 15 million (a fine of KRW 15 million) is too unhued and unreasonable.

2. The instant crime committed by the Defendant is a indecent act by compulsion of two female students aged between 7 and 8 on the front day of an elementary school, and the criminal liability is not provided for in light of the method and content of the instant crime.

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

On the other hand, the defendant recognized all the crimes of this case, and reflects the mistake in depth, and seems to have caused the above crimes by contingency while drinking alcohol.

The Defendant has no record of criminal punishment, except once a fine is imposed on a crime subject to the crime, and the degree of the indecent act in this case is relatively minor.

It seems that the defendant is not good in economic situation, and it seems that the defendant will cease to commit this crime again after drinking in the future.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, and where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect them. It does not seem that the sentence imposed by the lower court is too un

Therefore, the prosecutor's above assertion cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.