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(영문) 부산고등법원 2013.11.20 2013노395
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment, one hundred and twenty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. In light of the fact that the defendant has yet to reach the age of the defendant, and is in profoundly against his/her own mistake, and that he/she has no record of criminal punishment, etc., it seems that there is a possibility of sufficient improvement and edification. At the time of the crime of this case, the fact that the defendant is still not a juvenile of 17-18 years old who is well-founded in personality and emotionally and emotionally, and that the victim does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, where the victim, who is the second dubed victim, who was under normal trust, committed a similar sexual act by force by taking into account the victim's age subject to resolution of his sexual desire, and further sexual intercourse is committed. In light of the relationship with the victim, the victim's age, frequency of crime, method of crime, degree of damage, etc., the crime of this case is very heavy and bad. At the time of committing the crime of this case, the victim appears to have suffered mental suffering from the defendant's act with the child at the 10th century at the time of committing the crime of this case.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (b) all of the sentencing conditions in the instant case, including the circumstances after the crime; and (c) the lower court’s statutory sentencing that has undergone discretionary mitigation, it cannot be deemed that the lower court’s punishment 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 since it is without merit. It is so decided as per Disposition.

However, among the part of the judgment below's "registration of personal information", the judgment of conviction is finalized for each crime at the time of sale.

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