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(영문) 광주고등법원 2019.05.02 2019노19
미성년자의제강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The lower court’s sentencing on the Defendant’s summary of the grounds of appeal is too unreasonable.

2. The crime of this case, although the defendant was responsible for raising and protecting a victim who is a married couple, committed an indecent act or similar act by force continuously and repeatedly from the 12-year old age to the point of resolving the sexual desire by taking the victim into consideration the method, details and contents of the crime, relationship with the victim, etc. The crime of this case is very poor in light of the method of the crime, the crime of this case's crime, and considerable mental shock and standing that are difficult to cure the victim due to the crime of this case, it is necessary to strictly punish the defendant.

However, since the court below's punishment against the defendant is too unreasonable considering the defendant's age, character and character, environment, motive, means and consequence of the crime, circumstances after the crime in this case and the conditions of sentencing as shown in the record, etc., it is recognized that the defendant's punishment against the defendant is too unreasonable, since the defendant's punishment against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, since the defendant's punishment against the defendant is too unreasonable, since the defendant was found to have expressed the fact of damage to the defendant's wife by finding the police station and voluntarily surrenders the defendant to the defendant's wife. The defendant does not have any specific criminal power except twice as the defendant was sentenced to a fine for the crime in this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Criminal facts;

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