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(영문) 부산고등법원 (창원) 2014.11.05 2014노248
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment for a period of four years) sentenced by the lower court is too unfased and unreasonable.

2. Each of the crimes of this case recognized by the evidence, evidence, rules of evidence, and legal principles is an indecent act by the method that the defendant committed the sexual assault against the victims at the time when the victims, who are 9 years of age and 6 years of age, play in the playground, are able to commit the crimes of sexual assault against the victims at the time when the crime is weak and sexual identity and values are formed. Each of the crimes of this case appears to have suffered considerable mental shock, and the victims and their families are likely to receive considerable psychological shock, and the defendant is found to have committed an unfavorable sentencing factor or objective and neutral sentencing factor, such as that the victims want to be punished against the defendant because they did not agree with the victims or fail to repay damage to the victims until the trial.

However, there are also favorable factors of sentencing or objective and neutral factors of sentencing such as the fact that the defendant led to the crime and commits the mistake, the degree of indecent act by the defendant is weak, and the defendant has not been punished three times as a relatively minor fine with regard to the crime of different types, and there is no other criminal record.

The above factors of sentencing and sentencing, sentencing guidelines, Defendant’s age, health status, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and various circumstances revealed in the arguments, such as circumstances after the commission of the crime, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a fine of more than five years or a fine of more than 30 million won but not more than 50 million won), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (a fine of more than 5 years or a fine of more than 50 million won) and the special purpose of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is apparent.

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