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(영문) 부산고등법원 (창원) 2013.09.06 2013노221
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

Defendant

And the appeal filed by the person whose attachment order is requested shall be dismissed.

Reasons

1. The punishment sentenced by the first instance court (one-year imprisonment, etc.) to the summary of the grounds for appeal is too unreasonable;

2. Determination

A. As to the part of the Defendant case, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) have shown an attitude against their own will to recognize all the crimes of this case, and there are more favorable factors for sentencing, such as the fact that there is no specific penalty power except for fines twice, and there is no record of committing sexual crimes.

However, even though the defendant has a duty to protect the victims of age, he rapes and makes indecent acts by force several times over a long period of time to meet his sexual desire, and such crime was committed. In particular, the victim C is a person with intellectual disability, and the rest of the victim and the victim appear to lack intellectual ability, and the defendant seems to have committed a crime using these circumstances. Even if the same day is likely to be criticized, the victims of ageed due to the crime of this case have suffered from mental shock and pain, and may have adverse impact on normal growth, such as formation of a sound sexual sense, etc., it is difficult to accept it as it is, considering the victim's intellectual ability, even though the mother of the victims did not want the punishment of the defendant, it is also recognized that the victim expressed his intent to withdraw such agreement later, etc.

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 of the first instance court is deemed to be adequate and too.

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