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(영문) 부산고등법원 2020.04.02 2019노584
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The original sentence (one-year imprisonment, etc.) of the gist of the grounds for appeal is too unreasonable;

2. The judgment of the Defendant, in combination with D, committed serious injury to the victim B with intellectual disability, and participated in a virtual sexual crime, which puts a fluoral disease in the sexual period.

As a result, the victim who is only 14 years of age has suffered serious injury, such as the 12th century.

In addition, the defendant, who was led by himself, exercised group violence or took money from the victim M over several times against the victim M who was in a friendship, and suffered a knife with the victim X who was present in the drinking flife and with a flife sof and a flife sof.

The Defendant, who was 20 years of age and later, is dissatising his mistake.

The Defendant had the most severe criminal committed each of the crimes of this case, immediately after the case was committed against the victim B of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act). The Defendant did not take the lead of the above crimes.

M, the victim of the instant assault and the violation of the Punishment of Violences, etc. Act (joint assault) expressed his intention not to punish the Defendant.

However, it cannot be deemed that the degree of the defendant's participation in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) is light.

Each of the crimes committed by the Defendant in this case is very bad in light of the course, content, frequency, etc. of the above crimes.

The victims seem to have suffered considerable physical and mental pain due to each of the crimes in this case.

In particular, due to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the victim B seems to have suffered serious sexual humiliation and physical and mental suffering, and it seems to have suffered significant negative impacts on mental growth, such as the formation of sexual values.

The defendant shall be subject to a fine on one occasion.

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