(영문) 부산고등법원 (창원) 2014.07.02 2014노108

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(영문) 부산고등법원 (창원) 2014.07.02 2014노108

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") to the attachment order (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the part of the accused case recognized all the crimes of this case and reflects them, and that there are somewhat low intellectual ability and health difficulties.

However, the Defendant, at the Changwon District Court on September 25, 1997, sentenced 6 years of age to 3 years of imprisonment with prison labor for the crime of rape and the crime of rape, and on February 4, 2004, at the Changwon District Court on September 25, 1994, sentenced 6 years of age to 3 years of age and 4 years of imprisonment with prison labor for the crime of rape of a female under 6 years of age at the Changwon District Court on February 4, 2004 and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under 13 years of age) but did not know the fact that the Defendant, despite having been sentenced to 4 years of imprisonment with prison labor, her human resources remaining 11 years of age as the victim who was mixed in the school and did not want to do so, was forced to go off her will and panty of the victim and forced the victim to purchase 13 years of age, including the above victim, was found to have serious mental and emotional factors.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, and the means and consequence of the instant crime, etc., the sentence sentenced by the lower court is deemed to be adequate, and it does not seem to be unreasonable because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

[The principal basis for the judgment of both punishment] - a majority crime -

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