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(영문) 수원고등법원 2020.12.09 2020노658
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., imprisonment and two years, six months, etc.) sentenced by the court below is unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The crime of this case is a sexual abuse that causes a sense of sexual shame, such as showing the sexual organ to the victim C and D, which is a child, and is a indecent act by force against the victim C, and the quality of the crime is not good in light of the form of such act.

The victims appear to have received a considerable sense of sexual humiliation and mental impulse due to the crime of this case, and there seems to be negative impacts on the formation of sound sexual values based on free sexual self-determination in the future.

The defendant did not take measures for the recovery of damage by the victims, and did not receive a letter or reach an agreement from the victims.

On the other hand, the defendant seems to have caused the crime of this case in the state of mental disorder caused by chronic sternity.

The defendant is an elementary offender who has no record of criminal punishment.

Family members of the defendant have continued care and mental treatment for the defendant.

In full view of the following circumstances, as well as the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime was committed, it is not determined that the sentence of the lower court was too unfasible and exceeded the reasonable scope of discretion.

The prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered.

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