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(영문) 부산고등법원 2017.03.23 2016노734
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") committed by the court below against the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") are deemed unfair because the punishment imposed by the defendant and the respondent for the attachment order (a prison term of four years, and a sexual assault treatment program order of 80 hours) is too unreasonable (a defendant alleged to the effect that he did not commit each of the crimes of this case on the ground of the initial appeal, but the defendant respondeded to it on the second trial date of the trial of the first instance court). 2) The punishment imposed by the court below by the public prosecutor against

B. It is unreasonable for the court below to dismiss the Defendant’s request for attachment order even if the Defendant’s request for attachment order risks repeating the crime.

2. Determination

A. Each of the crimes of this case committed by the defendant in the part of the case of this case by the defendant (a two parties) is that the defendant committed sexual abuse and forced indecent act against the ageerer by taking advantage of the status of the teacher in charge, and the crime is serious in light of the course and contents of the crime, means, methods, and results thereof, the relationship between the defendant and the victim, etc. The crime of this case committed by the defendant, and the victim and his parents seems to have suffered a considerable mental shock. Nevertheless, the defendant, while denying the crime of this case in the investigative agency and the court of the court of the court of the court below, was the defendant committed the crime of this case, which was disadvantageous to the defendant.

On the other hand, the defendant made a confession of all each of the crimes of this case, which was late later in the first instance, and was in violation of his depth on his mistake.

The statement is made, and the degree of criminal conduct and sexual harassment committed by the defendant in the course of each of the crimes of this case is not more severe than that of the similar cases of the same kind, and an agreement has been reached between the defendant and the victim's legal representative.

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