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(영문) 부산고등법원 2015.12.23 2015노640
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (a fine of KRW 30 million, etc.) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment of the court below does not seem to have a genuine attitude against the defendant, such as denying the crime under paragraph (1) of the crime committed by indecent act on the day when the victim did not know about the meaning of indecent act and did not enter the fact on the day when the victim committed the crime under paragraph (1) of the crime in the judgment of the court below, and instead did not appear to have an attitude against the defendant again by taking into account the favorable circumstances of the defendant, such as the fact that the defendant committed an indecent act by indecent act eight years old or older, the defendant did not have any history of punishment for the same crime, the defendant did not have any record of punishment, the defendant does not have any record of criminal records, the defendant's work and makes it difficult for him to provide public services due to school science, and the health of the defendant is not good, and the defendant did not have any mental compromise between the victim and his family members, and did not have any other mental compromise with the victim's family members, and did not have any mental compromise with the victim's physical treatment.

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