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(영문) 광주고등법원 2014.05.01 2013노558
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

The defendant shall be 40 hours.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (the completion of a sexual assault treatment program for four years and 40 hours) against the person subject to the request for attachment order (limited to the defendant) is too unreasonable.

The lower court’s sentence of the Defendant’s case against the prosecutor is too uneasible and unreasonable.

A person against whom a request to attach an attachment order is made shall be dismissed by the court below, if he/she committed a sexual crime on at least two occasions against a minor under the age of 19 as stated in the criminal facts at the time of the original trial and there is a risk of recommitting a sexual crime

The defendant and the prosecutor's assertion in the judgment guidelines on the defendant's case are also examined about the range of recommended sentences [the decision of type] sexual crimes, general standards, sex offenses against the age of 13, indecent acts by compulsion [the scope of recommending area and recommended punishment] basic area, imprisonment of 4 to 7 years.

The defendant committed an indecent act on two occasions against a victim who is only seven years of age, and the nature of the crime is very poor.

It is clear that the defendant's crime causes serious mental suffering and will cause enormous impediment to the sound growth and the formation of sexual values in the future.

In addition, in addition to the fact that the defendant does not receive a letter from the victim until now, the defendant should not be strictly held responsible for the defendant.

However, even though the defendant is detained for a period exceeding seven months, his mistake is against his depth, there is no record of punishment for the same kind of crime, in particular, when the defendant deposited a considerable amount for the victim, and when considering the defendant's age, character and conduct, environment, family relationship, etc., the defendant did not deviate from the sentencing guidelines. However, the sentence of the court below is somewhat unreasonable.

As a result, the defendant's appeal against the defendant's case is reasonable, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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