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(영문) 부산고등법원 (창원) 2017.07.19 2017노36
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the Defendant’s case and the instant case’s request for attachment order.

With respect to this, there was only the defendant's appeal, since there was no benefit in the appeal regarding the case of the request for attachment order, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the case of the defendant falls under the scope of the judgment

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (six years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

3. The judgment of the court below is that each of the crimes of this case committed each of the crimes of this case committed by the defendant, who was in charge of the joint head of the joint head of the Gu, committed an indecent act seven times a year against the victim (the victim 9 to 10 years of age at the time of committing the crime) who was under his duty to protect his/her student who was under his/her guidance and was under his/her trust, and who was unaware of the meaning of his/her sexual act, committed an indecent act on the part of his/her own sexual organ over seven occasions in a manner that contacted his/her sexual organ on the part of his/her part, and the nature of the crime and the method of committing the crime is very poor, and the victim at his/her age appears to have been under considerable physical and mental shock due to each of the crimes of this case. This is a situation unfavorable to

However, all of the crimes of this case are recognized by the defendant, which reflects his mistake, the defendant deposited KRW 20 million for the victim at the court below, and additionally paid KRW 20 million to the victim at the court below, and thereafter agreed with the parent who is the legal representative of the victim, the mother of the victim wanting to be faced with the defendant, and the defendant did not have any history of criminal punishment.

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