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(영문) 서울고등법원 2015.06.16 2015노374
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, and three years of suspended execution) is too unhued and unfair.

Judgment

The crime of this case is likely to be criticized because the defendant committed an indecent act by force on the part of the victims of ten years of age who were mentally and physically familiar with the mental or physical disability. The crime of this case appears to have been committed by the victims of sexual shock and sexual humiliation. Nevertheless, the fact that the victims of the crime of this case did not recover from damage is disadvantageous to the defendant.

However, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances before and after the crime, etc., the punishment imposed by the lower court is too uneasible and unreasonable, in light of the following factors: (a) the Defendant did not have the same criminal power; (b) the degree of the indecent act in this case is not significant; and (c) the Defendant, in the confession of the crime in this case, the Defendant later divided his mistake; and (d) the Defendant’s age, character and conduct and environment, family relationship

Therefore, prosecutor's assertion is without merit.

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.

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