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(영문) 광주고등법원 (제주) 2015.04.08 2014노143
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Sexual assault against the defendant for 160 hours.

Reasons

1. The summary of the grounds for appeal (15 years of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the nature of the instant crime is very poor and that the emotional impulse suffered by the victims seems to be very high.

However, considering the fact that the defendant currently reflects his mistake, the defendant seems to have not yet been able to have been able to complete his personality as a juvenile at the time of committing the crime, the defendant's primary crime without any previous conviction prior to this case's age seems to have been likely to have improved future character and behavior by his age, the defendant's ability to correct his behavior would have been less likely to have been given compared to his parents in his normal family environment from the time when his parents divorced, compared to his parents in his normal family environment. The father of the victims wanted to be her wife against the defendant, and all of the sentencing conditions indicated in this case such as the circumstances and results of the crime of this case, etc., the sentence imposed by the court below is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 297 of the Criminal Act (the fact of rape of minors under the age of 13 by direct commission of crimes; choice of limited imprisonment); punishment of sexual crimes, etc.

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