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(영문) 서울고등법원 2016.09.27 2016노1846
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

Reasons

The decision of the court below on the grounds of appeal (six years of imprisonment) is too unreasonable.

Judgment

Each of the crimes of this case refers to a victim under the age of 13, who was a grandchild, committed three times by force from September 2010 to April 2015, and attempted to commit a single rape, and thus, the criminal liability is very heavy, and the victim seems to have suffered a considerable physical or mental pain, etc. are disadvantageous to the defendant.

On the other hand, the fact that the Defendant recognized all of the crimes of this case when he was in the trial, and divided the wrong depth, the victim expressed his intention not to be punished against the Defendant in the trial of the party, and the Defendant did not have any record of criminal punishment prior to the instant case, and the victim got the victim back from July 2009 when his mother was five years of age until January 2016 when his mother was 11 years of age.

In addition, the above circumstances, such as the character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, all of the sentencing conditions shown in the argument in the instant case, and the crime under Articles 1 through 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Minor Offenders under the age of 13 or more): Violation of the Guidelines for Sentencing established by the Supreme Court (in the case of a minor under the age of 13 or more), [the scope of the recommended punishment] Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the age of 13 (in the case of a sex crime under the age of 13 or less) [the scope of the recommended punishment] Reduction area (2 years or 6-5 years), [the person subject to special mitigation] Reduction scope of the final sentence according to the aggravated aggravated punishment of a person who is not subject to the Guidelines for Sentencing in June or September, 200 and the relation between the crime under the former part of Article 37 of the Criminal Act and the recommended scope of the above concurrent Punishment.

In full view of all, the court below's sentence against the defendant is sentenced.

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