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(영문) 광주고등법원 (제주) 2020.04.01 2019노119
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. Each of the instant crimes committed by the Defendant is deemed to have committed an indecent act by force on nine occasions against a third party to an international school where the Defendant is obligated to protect as a foreign teacher, and the crime is deemed to be bad in light of the circumstances and details of the relevant crime.

However, in full view of the fact that all of the crimes of this case are recognized by the defendant, there is no criminal history, the degree of tangible or indecent act committed by the defendant is relatively excessive, the victims and their parents agree with the defendant and do not want to be punished by the defendant. Some victims have submitted a written application for the correction of the defendant's wife at the trial, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the punishment of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled

(However) However, the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Part 3 of the judgment of the court below is an erroneous entry under the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are erroneous entry under Article 3 of the judgment of the court below. Article 25(1) of the Regulations on Criminal Procedure is a ground for ex officio rectification under Article 25(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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