(영문) 부산고등법원 2016.06.23 2016노221 | 리걸엔진

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(영문) 부산고등법원 2016.06.23 2016노221

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

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Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (five years of imprisonment, confiscation, and order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the case against the Defendant is too unfasible and unreasonable.

2) Although the Defendant’s request for attachment order is considerably likely to recommit a crime, it is unreasonable for the lower court to dismiss the Defendant’s request.

2. Determination

A. The part of the case of the defendant was examined by the court below, and several circumstances favorable to the defendant, which were shown in the trial proceedings of the court below and the court below (the defendant recognized the crime of this case for the first time and divided his errors).

A statement is made, there are no criminal records of the defendant, and there are no records of criminal punishment heavier than imprisonment without prison labor) and various unfavorable circumstances [the crime of this case committed by the defendant is committed sexual abuse against the victims as stated in the judgment of the court below, while the defendant, who is responsible for protecting the victims together with D, who has committed the crime of sexual abuse and similarity as stated in the judgment of the court below, and committed the crime of forced indecent act and similarity against the victims E. In light of the relationship between the defendant and the victims, the age of the victims at the time of the crime, the situation, means and method of the crime of this case committed by the defendant, and the circumstances before and after the crime of this case committed by the defendant, it seems that the victims ageed due to the crime of this case committed by the defendant have suffered physical and mental pain, and such suffering is difficult to recover from the victim's mother and it is also difficult to have a considerable degree of adverse effect in the course of gender settlement in the future.

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