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(영문) 부산고등법원 2015.01.15 2014노730
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years and six years suspended, the imprisonment of two years, the imprisonment of two years, and the imprisonment of 80 hours for sexual assault treatment programs) declared by the lower court is deemed to be too uneasible and unfair.

2. The crime of this case was committed in a closed space where the defendant was unable to properly distinguish 6,7 years of age from the age of 6, and the body part of the defendant, such as the defendant's sexual flag, etc., and the crime of this case was committed not only poor but also poor, and the defendant did not have any record of being sentenced to a summary order of KRW 3,00,000 due to the public performance and obscenity within his children's children's playgrounds, and thus, the crime of this case was committed again again, and the victim's parents were deemed to have received serious mental impulse.

However, there are many circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and seriously repented, the crime of this case was committed through deceptive means, and there was no direct exercise of tangible force and indecent act against the body of the victims. The defendant seems to have done school life in the fourth grade of the university so far in a relatively faithful manner, and there is a possibility of improvement and edification in the future. It is clear social relationship, such as the defendant's parents' expression of the intention to actively lead the defendant, and it shows the will of treatment and prevention of recidivism after receiving mental treatment as well as the defendant's own awareness of the intention to receive medical treatment and prevention of recidivism, and the victim's parents agreed to do so by paying 30 million won to the victim.

As above, considering the circumstances unfavorable or favorable to the defendant, the age, character and conduct, and environment of the defendant, all of the sentencing conditions shown in the pleadings of the instant case, and the defendant is detained on July 26, 2014 as the instant case, and is detained for more than two months until the lower judgment is sentenced.

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