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(영문) 서울고등법원 2017.04.18 2016노3709
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because the sentence imposed by the lower court on the Defendant (an order to attend a course of two years and six months of imprisonment, four years of suspended execution, and 80 hours of imprisonment) is too uneased.

2. The judgment that the defendant recognized the crime of this case and divided his mistake, and the defendant was the first offender who had no record of committing the crime of this case before the crime of this case, and the first offender who had no record of committing the crime of this case is the victim of this case, with the disability of Grade III (the total intelligence is I Q Q 62, the degree of evaluation of children's self-decoverment falls under 34.5, and social maturity is considerably low compared to the actual age, as a result of the examination, SA=10 years and 6 months. As a result of the examination, it is relatively obvious that social relationship is relatively obvious, such as being supported by the general welfare center for disabled, and under the parents' active protection, it is favorable for the defendant.

However, the Defendant, as a child of 6 years of age in the indoor play room “D”, committed the instant crime by discovering that the first-side victim, who was the first-side victim, opened the toilet door, and committing an indecent act by force. In light of the content of the crime, the Defendant committed the instant crime.

The victim seems to have suffered a big mental impulse due to the defendant's crime, such as committing an indecent act against himself/herself and expressing fear and apprehensions through his/her mobile phone image, etc. It seems that the victim still has a negative impact on the formation of a sound sexual identity and values of the victim with mental and physical disability.

Accordingly, the parents of the victim want to punish the defendant.

These circumstances are disadvantageous to the defendant.

The above circumstances and other conditions of sentencing, including the defendant's age, sexual conduct, environment, family relationship, means of crime and result, etc., and the enactment of the Supreme Court's sentencing committee.

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