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(영문) 부산고등법원 (창원) 2019.01.16 2018노309
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment) that the lower court sentenced to the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) (hereinafter “Defendant”) are too unreasonable.

2. The fact that the Defendant’s judgment of the Defendant against the instant case recognized all the instant crime and took an attitude against the Defendant is the sentencing data favorable to the Defendant.

However, the crime of this case is not committed by the defendant, who is an external third village of the victim, and only 10 years old, has sexual intercourse with the victim's parents over two occasions, and is not very good in terms of the nature of the crime, and considering the relationship between the defendant and the victim, the crime of this case constitutes a failed crime; the victim's emotional impulse and sexual humiliation are unlikely to cause any negative impact on the formation of the victim's future sexual values; it is highly likely that the victim and his parents want to punish the defendant; the defendant is punished against the defendant; and the defendant is again committed the crime of this case without being aware of the past criminal records despite the past criminal records; the sentencing guidelines applied to this case should not be considered as a disadvantageous sentencing data against the defendant; taking into account all kinds of sentencing factors revealed in the trial process of this case, such as the defendant's age, character and behavior, motive and means of the crime, and circumstances after the crime.

The sentence of the court below cannot be deemed to be improper because it is too unreasonable.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

3. As long as the defendant filed an appeal against the judgment on the case of the defendant, it shall be deemed that the judgment on the case of the request for attachment order has also been filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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