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(영문) 대전고등법원 2015.11.23 2015노483
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

Judgment on the Grounds for Appeal

A. The court below rejected the defendant and defense counsel's assertion that the defendant had a mental disorder at the time of committing the crime on the ground that the defendant was not in a state of mental disorder at the time of committing the crime on the ground that the defendant had not been in a state of mental disorder at the time of committing the crime in this case on the ground that he did not seem to have been in a state of mental disorder at the time of committing the crime in this case. 2) The court below rejected the defendant's assertion that the defendant had a state of mental disorder caused by shock disorder at the time of committing the crime in this case on the grounds that the defendant had not been in a state of mental disorder at the time of committing the crime in this case, and it cannot be said that the defendant or defense counsel did not have any error affecting the conclusion of the judgment,

B. The instant crime claiming unfair sentencing is a dynamic and anti-humanistic act in which the Defendant, who was a high school student, has raped his female students at the elementary school.

The victim did not form a sexual identity and values, and was able to commit a crime that was committed by the defendant, who was friendly in one's own house that he believed.

Even after the crime, the victims are directed to the inner shock and mind of the kniveken.

It seems that these pains are more likely to be caused by the fact that the defendant is one of his friendly and family members who are the subjects of love for other family members, and that it is difficult for the defendant to be uncomfortable and unfortunateed.

The scope of the recommended punishment according to the sentencing guidelines for the instant crime shall be limited to the case where the victim’s clearly expressed intent not to punish is additionally considered as a special sentencing factor, as seen earlier.

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