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(영문) 부산고등법원 2020.12.09 2020노535
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment below

The remainder, excluding the case of application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for four years.

Reasons

The court below rejected the application for compensation filed by B and C, and the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above application for compensation was immediately finalized. Thus, the above application for compensation is excluded from the scope of the trial of this court.

2. The gist of the grounds for appeal (e.g., imprisonment with prison labor) of the original judgment is too unreasonable;

3. The Defendant, even though he/she is responsible for protecting and raising the victim so that the victim who is a father of the de facto spouse can grow healthy, committed an indecent act by force or by taking advantage of the state of impossibility to resisting the victim who was not older than nine years of age on several occasions.

Each of the crimes of this case is very bad in light of the relationship between the defendant and the victim, the victim's age, and the frequency, circumstances, and method of the crime.

The crime of this case not only seems to have suffered a considerable mental suffering, but also can be adversely affected in the process of forming the future sexual values, etc.

On the other hand, at the time of the trial, the defendant is against the full recognition of each of the crimes in this case, and the legal representative of the victim expressed his intention that he does not want the punishment against the defendant by endeavoring to recover damage from the defendant's side.

Despite these changes in sentencing conditions, the number and contents of indecent acts in the lower court did not have been serious enough to maintain the sentencing.

There shall be no criminal records except that the accused has been punished three times by a fine for another type of crime.

In addition to the above circumstances, the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., as well as the sentencing conditions and the Supreme Court’s Sentencing Committee.

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