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(영문) 부산고등법원 (창원) 2021.03.10 2020노241
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part on which the request for attachment order was filed while rendering a judgment of conviction on the part on the case of the Defendant, and appealed only by the Defendant.

Therefore, notwithstanding Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order is excluded from the scope of the judgment of this court, because there is no benefit of appeal.

2. The sentence imposed by the court below on the defendant (five years of imprisonment, etc.) is too unreasonable.

3. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects his mistake in depth, sexual intercourse with the victim is limited to attempted crimes, and there is no record of criminal punishment against the defendant.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as: (a) the defendant committed an indecent or similar act by force several times against a minor under the age of 13 of his own care, committed an indecent or similar act by force; (b) attempted to engage in sexual intercourse; and (c) committed physical and emotional abuse over a long time; (c) the crime is very serious in light of the circumstances, details, and consequences of each crime; and (d) the defendant committed each crime of this case, despite the location where the defendant should protect and rear the victim as a Bshesheshesheshesheshes; (b) there is a high possibility of criticism in that he/she committed each crime of this case; (c) the victim suffered serious physical or mental suffering; and (d) the victim might have negative impact on the growth with sound sexual values; and (d) the defendant did not receive a letter from the injured person.

In addition, the above circumstances and the Defendant’s age, sex and environment, and motive and background leading to each of the instant crimes, and the means and method of committing the crimes.

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