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(영문) 서울고등법원 2016.04.21 2015노3526
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The Defendant recognized the instant crime, and thereby is against his mistake.

A defendant has no record of punishment for a sexual crime.

All the wife and children of the defendant are disabled persons, and there is no other person than the defendant.

However, the crime of this case was committed by inducing the victims who are only six years of age and eight to his house and forced the victims to commit an indecent act, and the nature of the crime is very bad in light of the circumstances of the crime and the contents of the crime.

The victims of the instant crime seem to have suffered a considerable mental impulse due to the instant crime.

The defendant did not receive a letter from the victim, and the victims and their families want to punish the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc., all of the sentencing conditions and the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee, etc., it cannot be said that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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