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(영문) 부산고등법원 2016.08.10 2016노353
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)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 of the suspended sentence of imprisonment with prison labor for three years) is too unhutiled and unfair.

B. It is unreasonable for the court below to dismiss the request for attachment order even if it is found that the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were to have committed a second offense.

2. Determination

A. As to the wrongful assertion of sentencing, each of the crimes in this case committed by the Defendant is an indecent act or forced indecent act by forcing the Defendant to commit a crime by deceiving the victim who is the birth in a private village over several occasions. The crime repeatedly committed by the Defendant for a considerable period of time is very poor and is very serious to the degree of criticism. The Defendant first committed the crime, only when the victim is self-employed, and then committed the crime against the victim later. The crime in this case appears to be disadvantageous to the Defendant. The fact that each of the crimes in this case appears to have a very high level of mental impulse and mind that the victim suffered at the time when the victim formed sexual identity and sound sexual values.

However, the court below takes into account all the factors such as the defendant's favorable circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and method of the crime, sentencing guidelines under Article 51 of the Criminal Act, and sentencing guidelines of the Supreme Court's sentencing committee, such as the following: (a) the victim and the victim's guardian do not want to be punished against the defendant; (b) the degree of tangible force that the defendant used to commit an indecent act; (c) the amount of damage to the theft crime is relatively weak; and (d) the need to consider equity with the case where the defendant is judged simultaneously with the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which became final and conclusive.

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