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(영문) 광주고등법원 2020.11.19 2020노309
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment of the court below is reversed.

As to the crime Nos. 1 and 2 in the judgment of the defendant, the crime No. 3 in the judgment shall be sentenced to imprisonment with prison labor for one year and four months.

Reasons

1. The summary of the grounds for appeal (e.g., indual) asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too unreasonable.

2. The judgment of the defendant, as an external assistant of the victim, committed an indecent act repeatedly in spite of his/her responsibility to protect the victim who resides in the protection facility without care of his/her parents, and the degree of such indecent act is considerably significant.

As a result, it seems that the age victim has suffered a big mental impulse and has an adverse impact on the growth by forming a sound sexual identity and values in the future.

Although the defendant is still under the period of probation due to separate fraud, he again committed the crime of Article 3 of the decision of the court below without being aware.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant has no record of being punished for a sex offense of the same kind, and recognizes the crime of this case and reflects the wrongness.

With respect to the crimes Nos. 1 and 2 of the judgment of the court below, equality shall be considered in the case of a judgment at the same time with fraud for which the judgment has already become final and conclusive, and when this judgment on the crimes No. 3 of the judgment of the court below becomes final and conclusive, the suspension of execution on the above

In this court, the defendant provided reasonable compensation to the victim and agreed to the victim's side (the victim himself/herself and the person in charge of protective facilities) smoothly, and the victim has not been punished.

Such circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, conditions of sentencing and the scope of recommended sentencing according to the sentencing guidelines as a whole, such as the circumstances after the crime, etc., the sentence of the court below is considered to be too unreasonable.

Therefore, the defendant's assertion is reasonable and prosecutor's.

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