(영문) 부산고등법원 2016.06.09 2016노131 | 리걸엔진

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(영문) 부산고등법원 2016.06.09 2016노131

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (40,000,000 won for punishment, and 40 hours for attending a sexual assault treatment program) imposed by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. We examine the judgment, several circumstances favorable to the defendant (the defendant recognized the crime of this case and divided his mistake) shown in the trial process of the court below and the court below (the defendant recognized the crime of this case)

The facts that the defendant stated, the defendant deposited 5 million won for the victim, and there are no records of crime against the defendant) and various unfavorable circumstances (the crime of this case is committed in accordance with the court below's ruling by the victim, who is his father at the church as stated in the court below. The crime of this case is not less than that of the defendant in light of the crime's circumstances, contents, means and methods, and the age of the victim. Even though the victim expressed clearly his intent to refuse to commit the crime of this case at the time of the crime of this case, even though the victim expressed his intention to refuse to refuse to commit the crime of this case, he continued to commit an indecent act until the defendant takes care of the victim. The mental shock caused by the crime of this case is also not much significant. Nevertheless, the victim and his family members did not receive the victim and his family members until now), and other arguments of the defendant in this case are deemed to be unfair or unfair in light of the defendant's age, sex, environment, motive, motive, circumstance, method and result of the crime of this case, and circumstances after the crime of this case.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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