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(영문) 부산고등법원 (창원) 2014.08.20 2014노171
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall be given a lecture for sexual assault treatment for 80 hours.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Evidence, evidence, rules of evidence, and legal principles show not only the defendant operated an illegal game room in which the defendant committed speculative acts using a speculative gaming implement, but also the victim under the age of 17, who was her part-time, was suspected of having stolen money for about 10 days, and tried to commit the crime, and sexually committing the crime. The defendant employed the victim through the worship and the post distribution, and the defendant did not have any relationship with the victim except the victim. The defendant suffered a big mental suffering from the crime of this case, caused a sense of sexual humiliation, and it seems that the defendant caused a sense of sexual humiliation. However, the defendant could not be found that the defendant denied the crime up to the judgment of the court below until the court below, and the defendant was not guilty of the violation of the Act on the Promotion of Game Industry and the Punishment of Fines 300,000, more than 30,000,000, more than 30,0000,000,000 won punishment of the Game Industry Act.

However, when the defendant made a confession of rape in the instant case and later later later, the defendant made a confession of the rape in the instant case, and in particular, in the trial, he paid 10 million won to the victim and the victim does not want the punishment for the defendant under an agreement with the victim (the date of rape in the instant case is about May 24, 2012 and constitutes an offense subject to prosecution under Article 306 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); however, it constitutes an offense subject to prosecution under Article 306 of the former Criminal Act, but is committed against children and juveniles under the age of 19.

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