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(영문) 부산고등법원 (창원) 2019.06.05 2019노91
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

The defendant shall be 120 hours.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request for conviction against the accused case and the request for attachment order respectively.

With respect to this, only the defendant appealed, since there is no benefit in appeal as to the request for attachment order, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the defendant case falls under the scope of the trial of

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. Public prosecution room under Article 298 of the Criminal Act, Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Articles 15 and 7 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 299 and 27 (3) of the Criminal Act, Article 298 of the Criminal Act, Article 298 of the Criminal Act,

3. Crimes against the victim I;

A. On May 8, 2017, the Defendant: (a) around night on May 8, 2017, at the night, used the victim I (Y, 11 years of age, and name)’s right bucks, which was carried out for the locking himself/herself, within the guest room of K penta in the military, instead of being holding the camp of “J” under the supervision of the said Child Center; and (b) was able to use the victim I (Y, 11 years of age, and name) as his/her hand.

Accordingly, the Defendant committed indecent act against the victim under 13 years of age by force.

B. On August 14, 2018, the Defendant found that, around 00:00 on August 14, 2018, the victim I who participated in the summer school held under the name of “L” at the above Chhh conference completed the schedule on the day, and attempted to cover and lock the set at the main party of the above church, and write down the victim’s right buckbucks and rhums for the victim’s right side.

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