(영문) 광주고등법원 2015.04.09 2015노45 | 리걸엔진

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(영문) 광주고등법원 2015.04.09 2015노45

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

For the defendant.

Reasons

1. The court below found the victim C not guilty on June 201, 201. The court below found the victim C guilty only of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victim C, F, and G, and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to the minor under thirteen years of age) in the first and second order of July 201, 2011, the first and last order of September 201, the first and last order of September 2011, and the first order or last order of October 201, the first order of October 201, and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature to the minor under thirteen years of age) on April 2012. The part of the court below's judgment that found the defendant guilty is limited to the portion of the defendant's appeal which did not become final and conclusive.

2. The summary of the grounds for appeal (five-year imprisonment) by the lower court is too unreasonable.

3. The judgment of this case is that the defendant committed an act against the victims at the age requiring social protection, such as bringing the defendant's sexual organ into the underground parking lot or rooftop of an apartment house and an resistance several times, and the victim's sexual organ into the victim's sexual organ is bad in light of the method of the crime, the subject of the crime, the details of the crime, the frequency of the crime, etc., and the victims are deemed to have suffered considerable mental impulse due to the crime of this case. In particular, the victims C and G want to punish the defendant, and the defendant did not make efforts to recover from damage.

On the other hand, the defendant's mistake is deeply divided, and at the time of the sexual crime of this case.

유사 판례

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