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(영문) 부산고등법원 2016.06.22 2016노234
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (one year after the suspension of the execution in two years and six months) is deemed unfair.

B. There are special circumstances in which disclosure of personal information against an unjust defendant is exempted from disclosure disclosure disclosure notification order.

It is unreasonable for the court below to exempt it, although it cannot be seen.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case was committed against the victims who are mere 7 and 8 years of age, and the crime was not committed repeatedly over several times, and the victims of the age age who should form a proper sexual concept and the crime of this case appear to have suffered considerable mental impulse and sexual humiliation due to the crime of this case.

However, in light of the following factors: (a) the Defendant recognized the instant crime; (b) the degree of the type used by the Defendant in the instant crime is relatively heavy; (c) the Defendant was difficult to coordinate the impulse with his intellectual ability while having experienced difficulties in shocking the impulse; (d) the victims do not want to punish the Defendant; and (e) the victims do not want to punish the Defendant once a fine; (c) the Defendant only has the record of punishment for a specific criminal offense; (d) the Defendant’s age, family relation, sex, environment, means and methods of the instant crime; (e) the sentencing guidelines prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, family relation, sex, environment, means and methods of the crime; and (e) the motive and background of the crime; and (e) the sentencing guidelines of the Supreme Court’s sentencing committee, it does not seem that the lower court exceeded discretion

Therefore, this part of the prosecutor's argument is without merit.

B. As to the unjust assertion that exemption from disclosure disclosure disclosure order is unfair, the lower court’s determination is based on the following circumstances, i.e., the Defendant led to the commission of a crime, i.e., the confession of the Defendant, and ii) the unspecified number of crimes that

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