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(영문) 서울고등법원 2016.08.30 2016노1103
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

The decision of the court below on the grounds of appeal (four years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed on four consecutive occasions against a victim under the age of 13 who has committed a crime of this case with a duty to protect a child by guardianing the safety of the child. The crime of this case is committed on four consecutive occasions, and the responsibility for the crime is very heavy, and the fact that the crime is likely to have a negative effect on the formation of the victim's sexual identity and values, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant is not healthy due to the old age of 74 years, that there is no criminal record or fine, that the defendant does not have a criminal record or a criminal record exceeding a fine, that the crime of rape of a minor is committed, that the defendant is recognized as an attempted crime, that the defendant is against the defendant, and that the injured person does not want the punishment of the defendant in agreement with the victim, etc. is favorable to the defendant.

In other cases where the degree of conduct is weak in the area of special mitigation (one year and three years to five years) (one year and five years), the area of special mitigation (one year and five years) (one year and five years in case of a sex crime under the age of 13) in the area of special mitigation (one year and three years in case of a person subject to special mitigation) (two years in case of a person subject to special mitigation) of the Criminal Act (the scope of a minor's punishment under the age of 13) under the Criminal Procedure Act (the scope of a person subject to special mitigation) under the scope of punishment pursuant to Article 2 (Rape) (the scope of a person subject to recommendation) of the sex crime under the age of 13 in general (a person subject to special mitigation) of the Criminal Procedure Act (the scope of a minor's punishment), including the motive, background, means and consequence of the crime, and consequence of the crime, and the scope of punishment for the sexual crime subject to the age of 13).

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