2013No469 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)

A

Defendant

His/her grandchildren shall file prosecutions and stay in court.

Public-Private Kim

Ulsan District Court Decision 2012Gohap203 Decided August 23, 2013

December 5, 2013

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (three years of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant has led to the confession of all the criminal facts in the instant case and has divided his mistake into one another, and that the Defendant has no same criminal record and no criminal record of suspended execution or more.

However, in full view of the fact that the Defendant had sexual intercourse with a juvenile under the influence of force who is vulnerable to the crime of this case, the nature of the crime is not good, the victim appears to have suffered a considerable mental and physical suffering due to the crime of this case, the victim's failure to take any measures to recover the damage, and other various sentencing conditions that are faced with the argument of this case, such as the Defendant's age, character and conduct, environment, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.

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

3. Conclusion

Thus, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Kim Jong-cheon (Presiding Judge)

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