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(영문) 부산고등법원 (창원) 2017.11.08 2017노249
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the punishment (two years and six months of imprisonment, three years of suspended execution, three years of probation observation, and 80 hours of order to attend a course) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") is unreasonable.

It is improper for the court below to dismiss the defendant's request for attachment order of this case even though he/she is likely to recommit a sexual crime.

The crime of this case concerning the defendant's part of the crime of this case was committed by the defendant as the object of his sexual desire by inducing the victim (12 3) who is a male who is her aged at a bath to take his sexual desire, and committed an indecent act by force. The crime of this case was committed by force. The crime of this case was committed by the defendant, which is highly poor in the nature of the crime and method of the crime. The victim who should be able to lead to the view of Korea's creativity and form a correct sexual values, caused a great mental suffering and a sense of sexual humiliation. The defendant has a record of criminal punishment several times due to the crime of violating the Traffic Act on the Road, and in particular, it was committed by the Daegu High Court of Daegu on October 16, 2013, which was sentenced to a suspended sentence of two years under the Act on the Protection of Children and Juveniles from Sexual Abuse and was committed by the same kind of crime of this case.

Meanwhile, the circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake, and that the defendant does not want the punishment of the defendant by mutual consent with the victim.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 처단형의 범위: 징역 2년 6월 ~ 15년 ◈ 양형기준의 적용 [ 유형의 결정] 성범죄 군 > 13세 미만 대상 성범죄 >...

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