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(영문) 부산고등법원 2013.09.26 2013노342
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable that the punishment imposed by the court below (three years of imprisonment, five years of suspended sentence, five years of probation, and 80 hours of an order to attend sexual assault treatment lectures) is too unfford.

2. Examining the various sentencing conditions in the instant case, in light of the following: (a) each of the instant offenses committed by the Defendant, who is merely nine years of age residing adjacent to the same apartment floor; (b) committed an indecent act by force against the same victim who is 14 years of age after the lapse of five years; and (c) committed an indecent act by force against the same victim who is 14 years of age after the lapse of five years; (d) the nature of each of the instant offenses is heavy; (e) the victim, who is a child or juvenile, appears to have suffered a considerable sense of shame and mental impulse; and (e) the victim’s appeal against the Defendant’s severe punishment in the victim’s appeal.

However, in full view of the following factors: (a) the Defendant recognized his mistake, and there is a considerable interval between the first and the second crimes; (b) the second crimes are not serious about the degree of indecent act; (c) the neighboring residents resist the Defendant’s wife by expressing the Defendant’s patriotism and interest; and (d) the social relation is clear; (c) the primary offender is the age of 60, and the Defendant suffers from the Defendant’s disorder; and (d) other various sentencing conditions specified in the arguments of this case, such as character, behavior, environment, family relationship, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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