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(영문) 서울고등법원 2014.10.10 2014노1877
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment, and three years of suspended execution) imposed by the lower court is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the grounds of unreasonable sentencing is unreasonable because it is too uneasible. 2) It is unreasonable for the lower court to exempt the Defendant from disclosure and notification of information on the Defendant.

2. Determination

A. The Defendant and prosecutor’s instant crime of determining unreasonable sentencing is an unfavorable circumstance to the Defendant, on the following grounds: (a) the fact that the instant crime was committed against a minor under the age of 13, who is weak in committing the instant crime, and whose sexual identity and values are formed; and (b) the nature of the instant crime was not somewhat weak for the sexual

On the other hand, the fact that the defendant recognizes all criminal facts and reflects his mistake in depth, the fact that the defendant is the primary offender, and the fact that he agreed with the victim is favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime in this case, means and consequence of the crime, and circumstances after the crime, and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act on the Act on the Punishment, etc. of Sexual Crimes against Minors under the age of 13) and the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act on the Act on the Punishment, etc. of Sexual Crimes against Persons with Disabilities) do

1. Application of the sentencing guidelines [decision of types] sex crimes, general standards, and types of sexual crimes subject to the age of less than 13 [Special Convicts] mitigated elements: Imprisonment with prison labor for 2 years and 6 months to 5 years (limited to mitigation areas);

2. From 2 years and 6 months to 9 years of imprisonment for the handling of multiple crimes (inasmuch as the nature of the crime is identical to 3 concurrent crimes, the punishment imposed by the lower court is too heavy or too heavy in view of the maximum range of punishment for the basic crime according to the standards for handling multiple crimes, etc., taking into account 1/2 and 1/3 of the maximum limit of punishment for the two concurrent crimes according to the standards for processing multiple crimes.

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