2013No567 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age);

Elderly's Indecent Act by compulsion, Residence

A

Defendant

Sheet (prosecution) and stuff (public trial)

Law Firm B, Attorney C

Busan District Court Decision 2013Gohap316 Decided October 11, 2013

January 16, 2014

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (three years of imprisonment, 80 hours of order to complete a program, and 3 years of notice) is too unreasonable.

2. Determination

Examining the various sentencing conditions in the instant case, there are also extenuating circumstances that are favorable to the Defendant, such as the fact that the Defendant made confession of all the criminal facts in the instant case and divided his mistake, the degree of tangible power exercised by the Defendant is relatively small, the Defendant’s parents wanting to take the Defendant’s wife by agreement with the victim’s parents, the Defendant has no history of criminal punishment, and the Defendant’s family has a mental treatment and guidance for the Defendant, showing the tendency of the so-called external Tol who had the personality disorder of the Defendant’s family.

However, in full view of the fact that the victim of the instant crime is a female child who is only six years of age, the defendant committed an indecent act on the victim Eul's apartment elevator, and committed another indecent act on the last corridor leading to the apartment rooftop that is not passed by people, and the following day, the crime is very significant in light of the circumstances of the instant crime and its contents, etc., and the victim's mental shock caused by the instant crime seems to be considerable, and other various sentencing conditions in the instant pleadings, such as the defendant's age, character and behavior, environment, and family relationship, it is recognized that the sentence imposed by the court below is too unreasonable.

Therefore, Defendant’s assertion of unreasonable sentencing is without merit.

3. Conclusion

Thus, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Kim Jong-cheon (Presiding Judge)

Gangwon-domen' accommodation

Freeboard Kim