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(영문) 대구고등법원 2015.04.30 2014노482

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is an indecent act against the victims who were the second-year elementary school where the defendant had a minor within the meaning of the phrase, and the nature of the crime is not that of the minor.

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 appears to have committed the above crime by contingency under the influence of alcohol at the time of the instant case, and the degree of tangible power exercised by the Defendant is relatively insignificant.

The defendant has no record of criminal punishment except that sentenced to several fines due to the crime of this species, and is against the mistake.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

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.