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(영문) 대전지방법원 2014.10.22 2014노1838
미성년자의제강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be treated with sexual assault for 80 hours.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, 80 hours of order to complete the course) declared by the court below is too unreasonable.

2. In the crime of this case, the crime of this case was committed by the real estate intermediary assistant, the victim is the visually disabled person with intellectual disability, his mother is the visually disabled person, and the victim's family is the visually disabled person, and the apartment was introduced to conclude a lease contract, even though the victim's apartment was found as the victim's apartment, and the victim's mother's mother was found as the victim's mother's mother in other room, and it was found out of the victim's chest and the victim's mother's mother in other room, and it is inevitable to severely punish the defendant due to the crime. The victim's family member is the socially weak person who needs to be considered and interested, but the crime was committed against the victim by taking advantage of his mother's physical and mental disability and disregarding his personality, and the victim's 12 years old age is suffering from stress disorder due to the act of the defendant, and the defendant was found to not have been able to live in the investigation agency and investigation agency of this case, and the defendant was 5 years old, including the victim's body.

On the other hand, after the sentence of the judgment of the court below, the defendant recognized all of the crimes of this case after the sentence of the judgment of the court below, the defendant committed the crime of death against the victim and agreed with the victim, and the defendant lives relatively in good faith other than several traffic-related crimes, and seems to have maintained the cost of family and social relations, and the defendant does not have the same criminal history and does not repeat again.

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