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(영문) 부산고등법원 (창원) 2014.06.18 2014노91
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “defendants”) is deemed to be too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the ground that it is too uneasible and unfair. 2) The lower court’s dismissal of the request for an attachment order is unjust, since the Defendant’s dismissal of the attachment order is recognized as a risk

2. Determination

A. The part of the defendant's case: The crime of this case acknowledged by evidence, evidence law, and legal principles as to the assertion of unfair sentencing by both parties is not very good because the defendant committed the crime of this case as a female living together with the victim who was under 10 years of age at the time of the first crime, and continuously committed an indecent act for about 2 years by force, such as expressing her sexual organ, etc. The crime of this case was committed by the victim's considerable physical and mental shock, and it seems that the formation of a sound sexual values in the future would be significantly hindered. However, the defendant completely denied the crime up to the court below, while changing to the court below that the victim was living together, the victim was under 2nd damages on the part of the victim and her mother, and the victim and her mother did not have an objective and neutral effort against the victim, such as her serious mental disorder, or her ability to cure or treat her own sexual organ.

However, there is no record of crimes including sexual crimes, since the defendant was committed in the past and was committed against his own will, the degree of indecent act is relatively not serious, and the crime of paragraph 5 of the crime in the judgment of the court below is committed against the attempted crime, and there is no record of crimes including sexual crimes.

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