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(영문) 서울고등법원 2014.11.14 2014노2362
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is deemed to have caused the defendant to engage in a similar act to his grandchildren, who are only five years of age, and the crime is very poor, and the victim who must form sexual identity and values without any improper sexual disorder from outside, appears to have received a large mental and physical confusion and shock due to the crime of this case, the victim must live together, must cope with damage caused by this case, and the victim is punished against the defendant.

In addition, considering the Defendant’s age, character and conduct, family environment, motive and background of the crime, various sentencing conditions as shown in the instant argument, such as the means and consequence of the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable, even in light of the circumstances such as the Defendant’s age, character and conduct, family environment, the means and consequence of the crime, etc. before and after

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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