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(영문) 대구고등법원 2020.12.17 2020노372
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, three years of suspended execution, etc.) declared by the court below is too uneased and unreasonable.

2. The crime of this case is deemed to be a indecent act by compulsion of the victims who caused a course of a table in the course of operating the table, and the nature and circumstances of the crime are heavy.

The victims seem to have suffered a considerable mental shock due to the instant crime, and have caused a sense of sexual humiliation.

The age victim E seems to have a negative effect on forming a sound sexual identity or values due to the instant crime.

Although victims have complained of mental suffering, the defendant was unable to receive a letter from the victims, even though he/she was suffering from severe punishment.

However, when the defendant was in the trial, the defendant recognized the facts of the crime of this case as a substitute, and shows the form of seeking a letter of favor of the victims.

There is no history of punishment against a defendant for a sex crime, and the type of force used at the time of indecent act by compulsion does not seem to be serious enough.

It seems that there is a parents who must support the defendant, and the social relationship seems to be clear.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, various sentencing conditions as shown in the instant records and arguments, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the date of the crime of paragraph (1) of the judgment of the court below shall be corrected to the “18:18 on January 10, 2019” and “18:18 on January 10, 2020.”

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