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(영문) 광주고등법원 2017.02.09 2016노373
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. The lower court: (a) acknowledged that the Defendant and the person requesting an attachment order (hereinafter “Defendant”) committed an indecent act with a knife, a dangerous and dangerous object, based on the circumstances acknowledged by the adopted evidence, such as the fact that the victim’s statement appears to be difficult to make a statement without direct experience due to considerable specific and objective circumstances; and (b) determined that the Defendant and the person requesting an attachment order (hereinafter “Defendant”) committed an indecent act with the knife, the victim was kidnapped and dangerous objects; and (c) rejected the Defendant’

If the evidence duly admitted and examined by the court below is closely compared to the circumstances admitted by the court below, the judgment of the court below is deemed correct.

There is no error of misunderstanding of facts as alleged by the defendant.

Defendant

We do not accept the argument.

2. The crime of this case, which judged unfair sentencing by both parties, is very poor in light of the background and method of the crime, the age of the victim, etc., as a case of kidnapping the victim who is merely five years of age, threatening him with a deadly weapon, threatening him with a deadly weapon, and forcing him to commit an indecent act.

As a result of these crimes, victims seem to have suffered considerable mental pain and sexual humiliation, and in fact they have been diagnosed of stress disorder due to sexual assault damage.

However, the fact that the defendant does not want the punishment of the defendant in the victim's side by mutual consent with the victim, and that the defendant has no record of criminal punishment before this case, etc. are favorable to the defendant.

In addition, the grounds for sentencing asserted by the defendant and the prosecutor on the grounds of appeal are shown to have been sufficiently taken into account when determining the punishment, and there is no new data for sentencing in this court, and there is no change in the conditions for sentencing compared with the original court.

In this situation, the defendant's age, sex, and age.

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