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(영문) 서울고등법원 2018.06.05 2018노1062
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months, and the order to complete a sexual assault treatment program with forty hours) is too unreasonable.

2. The Defendant committed the instant crime by forcing the Defendant to commit an indecent act by deceiving the Victim’s son and her chest at his own house. The Defendant committed the instant crime in light of the fact that the Victim was 12 years of age with fire and that the Victim was 12 years of age, the details leading to the commission of the crime and the method of the crime, etc.

The victim seems to have suffered a big mental impulse and pain along with a considerable sense of sexual humiliation due to the instant case occurred in the family of the defendant according to the appearance of the defendant. In fact, the victim is slicking the defendant if the person actually slicks the defendant, slicking the musical monet, slicking the defendant, and slicking the fear and uneasiness as it is difficult for the defendant to find or slick, and is likely to have a significant negative impact on the psychological growth, sexual identity or value formation of the victim in the future.

Such circumstances are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant that the defendant recognized the crime of this case and divided his mistake, that it seems that the degree of criminal conduct committed by the defendant is not serious, that the defendant does not want the punishment of the defendant in consultation with the legal representative of the victim, that the defendant did not have any record of punishment prior to the crime of this case, that the defendant has no record of being punished for sexual violence before the crime of this case, and that the defendant supported the wife in the face of illness and the elderly mother.

All kinds of sentencing conditions shown in the arguments in this case, such as the defendant's age, sex behavior, environment, family relationship, relationship between the defendant and the victim, means and result of the crime, and the scope of sentencing guidelines established by the Supreme Court's sentencing committee [the scope of recommended punishment] and general standards for sex crimes.

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