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(영문) 광주고등법원 (제주) 2019.03.13 2018노92
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Reasons

Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfair) that the Defendant recognized the crime and reflects the fact that the said victim does not want the punishment against the Defendant; and (b) the Defendant needs to care for the same student with disability; (c) the lower court’s imprisonment (five years of imprisonment and twenty (80) hours of sexual assault treatment program program) is too unreasonable.

Judgment

Each of the crimes of this case is an indecent act by force against female victims B who are merely 11 years old, and victims H, who are employees of the same kind, and the crime is not poor in light of the contents and methods of the crime.

In particular, the defendant's crime of this case appears to have suffered from the mental shock and pain to the token victim B due to the crime of this case, but the damage was not recovered.

However, on the other hand, the Defendant appears to have an attitude against the Defendant when recognizing each of the instant crimes, and the victim H, who expressed his intention not to punish in the investigative agency, submitted again the written agreement at the trial, clearly expresses his intention not to have the Defendant punished, the Defendant has no record of the same crime, and other factors of sentencing that are shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to have a need to be mitigated, on the other hand.

Therefore, the defendant's above assertion is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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