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(영문) 광주고등법원 (전주) 2019.02.12 2018노188
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s imprisonment (six years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The crime of this case was committed against the victims, who were in fact brought up by the defendant, who had been entrusted to the victim, and were 8 to 13 years old, by means of force or by inserting fingers by force over several occasions, and is highly likely to commit an indecent act or sexual intercourse. The crime of this case was committed with heavy character and criminal intent, and the defendant violated the victim's sexual self-determination right by taking advantage of the fact that the victims' age falls short of the victim's age and are vulnerable to the crime because it is solely intended for the defendant. In particular, the defendant is a religious person to meet higher morality, and is responsible for protecting and raising the victims as the entrusted father of the victim, but there is a great possibility of criticism in that the victims have repeatedly committed a crime that commits an indecent act and similar acts against the victims, and complaining of mental suffering while avoiding face-to-face and suffering from mental suffering by the victims, and it is anticipated that the victims might have difficulty in forming sexual identity and sexual identity by creating a new sexual identity, and up to the judgment of the court below.

The fact that there is no consistent attitude against one's own mistake by proving that the defendant is not memory or memory, and that there is no circumstance after the crime, such as the defendant's closing of the existing statement against the victims in the trial process, etc., are disadvantageous to the defendant.

However, when the defendant committed the crime of this case in this court, the defendant shows his attitude to reflect his mistake.

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