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(영문) 부산고등법원 (창원) 2013.08.09 2013노198
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (one year of imprisonment) shall be too unreasonable;

2. Determination factors are recognized, such as recognizing the Defendant’s commission of a crime, recognizing the Defendant’s attitude to repent of the mistake, having no record of crime in Korea, and in the case of a indecent act by compulsion, giving rise to contingent crimes while drinking alcohol, and the degree of such indecent act is relatively weak.

On the other hand, in the case of the crime of kidnapping and indecent act by force, the crime is not committed by kidnapping and indecent act of a juvenile who is merely 14 years of age, and the crime is deemed to have been committed, and it appears that the fear of suffering by the victim was very serious, and the defendant does not take any measures to recover the damage against the victims of each crime.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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