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(영문) 대구고등법원 2015.10.29 2015노127
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, and four years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case committed by the Defendant against the victim under the age of eight, whose sexual identity and values have not yet been formed, despite the Defendant expressed his/her intention of refusal by the victim, who is his/her father (the former husband and the Defendant married with the former husband after the instant case). The crime of this case was committed against the victim under the age of eight, whose sexual identity and values have not yet been properly formed, and the victim’s father also wanted to punish the Defendant.

On the other hand, the defendant has no record of being punished or sentenced to punishment for the same crime.

At the time of the instant case, the Defendant appears to have committed the said crime in a somewhat contingent manner while playing together with the mother of the victim and his woman at the time of the instant case, and the degree of indecent act is also relatively minor.

The defendant again does not commit such a crime.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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