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(영문) 서울고등법원 2014.04.11 2014노409

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal appealed respectively on the grounds that the lower court’s punishment is too heavy. The prosecutor appealeds respectively on the grounds that the prosecutor is too minor.

2. The crime of this case is found to be an indecent act by force by the defendant, such as deceiving the father and the mother of the victim who is a woman-friendly woman's father, leaving in the school, etc. The above victim committed an indecent act on three occasions, such as committing the crime of this case. The victim was 9 to 12 years old at the time of each crime of this case, and the victim was able to commit an indecent act against the victim. Not only is the victim's mother was able to commit an act between his house and house, but also the victim's mother was able to commit an act between his house and the victim's mother, or the victim's mother was able to commit an interview with the above crime. Accordingly, the victim's application of this case was submitted to the court below and the court below that the victim did not want the defendant's punishment in the victim's age, but also it seems that the victim did not have any genuine mental impulse, such as punishment, without considering the victim's genuine intent.

However, in the case of each of the crimes in paragraph (2) of the holding, it seems that the defendant was somewhat dynamicly deprived of the victim while making a confession of all the crimes, and there is no specific criminal power other than the fine due to the violation of the Road Traffic Act, and in the case of each of the crimes in paragraph (2) of the holding, the defendant was living together in the house of female friendly Gu, and there is a wife and two children who should support the defendant, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, the background, means and result of the crime in this case, and the circumstances after the crime, etc.

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