(영문) 대구고등법원 2015.04.16 2014노714 | 리걸엔진

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(영문) 대구고등법원 2015.04.16 2014노714

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) in the part of the lower court’s case (12 years of imprisonment) are too unreasonable. (2) The part of the lower court’s request for attachment order for the 20-year attachment order, which the lower court sentenced, is too long and unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the defendant's case, the fact that the defendant paid 25 million won to the victim in the original trial and agreed that the victim does not want the punishment of the defendant, and that the defendant reflects the mistake is favorable to the defendant.

However, the defendant, 10 juveniles gather from the Internet car page on the ground of age and name, had the minor victim do his/her own act as a woman, let the victim play his/her role as a woman, and let the victim transmit his/her image and her sexual organ, resistance, or chest to his/her cellular phone, and had the victim do sexual intercourse with the victim four times in the house and her mother, etc., under the direction of sexual intercourse with the victim, and put his/her sexual organ or instrument into the victim's anus.

In addition, when the defendant came to know that the victim was investigated by the police about the fact of damage, he had the victim leave the police to avoid the death of the victim, and had the victim take the victim back for about 2 months, and took the escape across the country, and has sexual intercourse with the victim three times under the pretext of re-training, and has similar act by inserting his sexual organ into the resistance.

The criminal act of the defendant is not only a sex offense against the aged victim, but also a different method, so it is very bad to commit the crime.

In particular, the Defendant, due to the insertingment of sex, went out from the victim's resistance and harming the victim's opportunacy, but the above opportunacy has been changed.

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