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(영문) 부산고등법원 (창원) 2013.11.08 2013노173
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the punishment sentenced by the first instance court to the defendant (one year and six years of imprisonment), the defendant asserts that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Determination factors are recognized, such as recognizing the crime of this case and showing the attitude to repent of mistake, having no record of committing the crime before, having deposited a considerable amount of money for the victim and withdrawn it from the victim's side, and having been subject to disciplinary action against dismissal due to the crime of this case.

However, the crime of this case is committed by the indecent act of the victim who is merely 11 years of age by abusing the victim's trust while the defendant must protect and admonish the child such as the victim as the victim as the teacher. It is also acknowledged that the indecent act was committed by the victim and his family members, and the victim and his family members have a big mental impulse, which may be adversely affected by the formation of a sound sexual sense and normal growth in the future, and the defendant has not yet received a letter from the victim.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, occupation, motive and background leading to the instant crime, the means and consequence of the instant crime, etc., as seen above, the sentence sentenced by the first instance court is deemed to be adequate, and it does not seem to be too light or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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