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(영문) 부산고등법원 (창원) 2013.04.19 2012노386
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court of the accused case (two years and six months of imprisonment) is too unreasonable.

B. The judgment of the court of first instance ordering the defendant to attach an electronic tracking device for five years in the case of an attachment order is unfair and too long.

2. Determination

A. It is recognized that the Defendant’s case and the respondent for the attachment order (hereinafter “defendants”) do not relatively focus on the types of force exercised against the victims in the instant crime; the parents of the victims do not want to punish the Defendant; the Defendant suffers from diseases such as intellectual disability and liverness; and the mother of the Defendant shows a strong intent to protect the Defendant.

However, each of the crimes of this case is also recognized as an unfavorable sentencing factor, such as the fact that the nature of each of the crimes of this case is extremely poor and that the victims and their families would have significantly increased physical and mental damage caused by the indecent act on several occasions by means of spreading the sexual organ or inserting her sexual organ between her amb and her amb.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. The following circumstances acknowledged by the first instance court’s evidence revealed in the attachment order case, namely, ① the Defendant was indicted for a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) due to the fact that the Defendant had three-time sexual intercourse with a female juvenile under the age of 15, who was released from May 208 on the ground that he/she had three sexual intercourses with the said female juvenile.

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