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(영문) 대구고등법원 2020.10.08 2020노291
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant was committed by indecent act by compulsion against the victim B, who is a female student who is merely 10 to 13 years of age, and was negligent in operating a vehicle and causing injury to the victim K.

The defendant committed an indecent act several times by violent and virtual means against the victim B, who is sexually well-known and has no ability to defend himself (excluding the period during which the statute of limitations expires). In light of the motive, method and result of the crime, the nature of the crime is very poor.

At the time when mentally and physically grow up, it is difficult to measure the fear that the victim B was imprisoned by committing an indecent act in the most safe dwelling place, the fear, the inorganic force, and the view, etc. of the victim B who was committed an indecent act.

A victim B suffered a big shock at the time of formation of sexual values, and did not notify the surrounding areas of the fact of damage for a considerable period of time and did not feel pain.

The victim B complained of the fact that he has suffered from the pain so far as he became an adult.

The defendant brought a traffic accident against the victim K who was walking ahead of the road used by pedestrians.

Therefore, there is a need for strict punishment corresponding to the criminal liability against the defendant.

However, when the defendant was in a trial, the defendant recognized the crime of this case in full and runs counter to his mistake in depth.

The defendant agreed with the victim B in a smooth manner, and the victim B does not want to be punished against the defendant.

The defendant did not properly recognize the illegality and seriousness of the crime as a juvenile at the time of the crime of the indecent act by compulsion of this case, and there was no record of punishment other than the punishment of the fine due to the violation of the Road Traffic Act and the punishment of the act of arranging sexual traffic after the age of majority.

Such circumstances are considered to be favorable to the defendant.

(b) other.

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