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(영문) 대구고등법원 2020.04.29 2020노12
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment (three years and six months of imprisonment) too unreasonable.

2. The judgment of the court below recognizes all the crimes of this case committed by the defendant from the court below, and repents the errors, and the defendant does not have the same criminal records.

The defendant expressed his intention that the victims do not want the punishment of the defendant by the mutual agreement between the victims and the victims, and the relatives of the victims and the defendant want to leave the place of the defendant.

However, at around the same time in 2016, the Defendant collected the fingers from the sexual flag of the victim B, which is a shelshel’s son, or was frighten by inserting them into or entering the fingers, and around July 2019, the Defendant continued to commit similar rape by avoiding sexual assault by the above victim’s escape from visiting the victim, and by separating the reading center from the locker dricker, thereby continuing to commit similar rape. In addition, the Defendant committed the crime of bodily injury, damage to property, and intimidation with dangerous objects against the above victim over several times, and it is not good in light of the object of the crime or the method of the crime.

At the time of each of the above crimes, the victim B's age was between 11 and 14 years, and the above victim committed self-injury several times due to mental suffering due to each of the above crimes.

In addition, the defendant committed crimes involving the victim D's chest and the sexual organ without permission, which is a shesheshel, which is only seven years of age.

The victims seem to have a negative impact on the formation of sexual identity and values by committing sexual assault against their age.

Although the defendant is in a position to protect and rear victims as a ushesheshesheshe is in a position to protect and rear victims, dealing the victims with their sexual objects, such as the crime of sexual assault in this case, is likely to be subject to criticism, and it is necessary to take strict punishment corresponding to

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime is committed.

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