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(영문) 광주고등법원 (제주) 2014.12.24 2014노109
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal by the Defendant is that the sentence of the lower court (a two years and six months of imprisonment, and an order to complete a sexual assault treatment program with 160 hours of imprisonment) is too unreasonable;

The crime of this case is not a sexual assault crime committed by approaching the way to the school of a place where special protection is necessary for victims under the age of 13 who are vulnerable to the crime and who are minor victims at the time to form sexual identity and values.

The crime of this case appears to have suffered mental impulse and pain due to the occurrence of the victims, which can be a great obstacle to the formation of a sound sexual values of the victims.

Such circumstances are disadvantageous to the defendant.

On the other hand, there is no record of sexual assault crime against the defendant, and the defendant committed the crime while committing the crime, and the defendant deposited KRW 7,000,000 and KRW 5,000,00 as the public defender of the victims, respectively, with the victim's public defender as the victim, and the situation in which the victim's legal representative received each of the above money from the public defender is favorable to the defendant.

As such, although the defendant made efforts to recover damage by depositing consolation money, etc. in the court below, considering the following as a whole: (a) the court below sentenced the lowest sentence of the recommended sentencing guidelines of the Sentencing Committee by a minor sentence under light of the fact that the sentence was the lowest sentence of the sentencing guidelines of the Sentencing Committee; (b) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case; and (c) all of the sentencing factors in the arguments of this case, such as the defendant’s age, character and conduct, motive, means and consequence of the crime of this case; and (d) the circumstances after the crime, etc., it is difficult to view that the court

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

(b).

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