logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.04.03 2013노10 (1)
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court is too uncomfortable.

2. Each of the instant crimes committed by the Defendant, within the elevator of the apartment in which the Defendant himself/herself resides, indecent act by compulsion against the aged victims in the same manner as the facts constituting the lower judgment, and thus, the crime’s nature is not exceptionally deemed to have adversely affected the psychological growth of the victims with mental and physical aesthetic background and the formation of sexual identity.

However, the defendant's intelligence index is 41 years of age and is merely 3.38 years of age, and appears to be in a state of mental suffering from a high level; the defendant's family appears not to have committed each of the crimes of this case in the subjective motive or purpose that the defendant intends to meet his sexual desire; the defendant's family members have been admitted to a facility for disabled persons; the victim's parents have cancelled the complaint against the defendant; the defendant has no criminal history; the defendant's age, character and character, environment, motive, means and consequence of the crime; and the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime; and the circumstances after the crime, etc., the court below's punishment cannot be deemed to be unfair. Thus, the prosecutor's above assertion is without merit.

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

arrow