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(영문) 부산고등법원 (창원) 2014.06.11 2013노361
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment, three years of suspended execution, etc.) is too unfluent and unfair.

2. The sentencing factors or objective and neutral sentencing factors are recognized, such as the fact that the defendant, from the investigative agency to the trial of the case, is in violation of his depth while making the crime netly, that immediately after the crime, surrenders to the investigative agency after the escape, that is not judged to the degree of mental and physical disorder, but appears to have reached contingent crimes under the influence of alcohol. The victim's side does not want the punishment against the defendant, that the victim's family members are living mainly in the situation where the victim's family members are living with the defendant as the import source, that the acceptance of the defendant may cause difficulties to the life of the victim and his family members, and that the same kind of criminal records in the past seems to exist.

However, the crime of this case is a case in which the defendant was able to rape and injure the victim under the age of 15 who was living together with a woman living together in a de facto marital relationship. Even if the crime of this case is committed, the crime of this case is not very good. The victim has induced the victim to a four-lane and used violence in the vehicle to suppress the victim's resistance (to open the door by avoiding the first violence and re-enter the victim to the vehicle), and exceeds the victim's clothes up to the victim's clothes, and then is extremely serious and bad. The crime of this case is committed by the defendant, and the victim seems to have suffered considerable psychological and emotional shock and to hinder the formation of a healthy family hall and sound sexual values in the future, but immediately after the escape of the victim, the crime of social security, such as acceptance of the victim's family by social security, etc., is the structure of social security.

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