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(영문) 부산고등법원(창원) 2020.10.21 2020노112
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. As to the part of the case of the defendant, the court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant’s conviction, the attachment order, and the probation order claim, and as such, there is no benefit of appeal as to the part of the case of the claim for the attachment order

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order and probation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

3. The lower court determined a punishment by taking into account (i) the following factors: (a) the crime of this case was committed under a unfavorable condition; (b) the Defendant committed an indecent act against a victim under 13 years of age who was under 13 years of age with a duty to protect his/her child while working as a safety guardian; (c) the nature of the crime is very heavy in light of the object of the crime and the method of the crime; (d) the crime was vulnerable to the crime; (e) the victim, who is a child whose sexual identity and values are not yet established, suffers sexual humiliation and mental suffering that he/she is unable to cope with; (b) the victim or his/her guardian did not receive a letter; and (b) the crime of this case was committed under favorable circumstances; (b) the Defendant

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below until the trial is held.

In addition, the defendant's age, character and conduct, environment, family relations, criminal records, circumstances after the crime, and results, etc. are shown in the argument of this case.

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