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(영문) 부산고등법원 2016.06.30 2016노248
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. We accept the Defendant’s assertion that punishment is too heavy in light of the fact that the Defendant made efforts to recover damage, such as an agreement with the legal representative of the victim, the degree of indecent act in this case is relatively minor and the Defendant divided his mistake.

Therefore, the judgment of the court below is reversed, and it is again decided as follows (Article 364 (6) of the Criminal Procedure Act). 2. The judgment which is again used after the reversal of the judgment below is reversed.

A. Pursuant to Article 369 of the Criminal Procedure Act, the corresponding part of the judgment of the court below shall be quoted in the summary of crime and evidence.

B. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Embezzlement of Articles 360 (1) (Selection of Imprisonment): Article 7(3) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the aggravated punishment of concurrent crimes under Article 298 of the Criminal Act [limited to the aggregate of the long-term punishment of two crimes under 13 years old as stated in the judgment below] Articles 53 and 55(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 62(1)2 of the Act on the Protection, etc. of Children from Sexual Abuse and Article 298 of the Criminal Act on the Protection, etc. of Children from Sexual Abuse]

C. Prior to the grounds for sentencing, the sentencing is determined as ordered by taking into account the following factors, such as the history of reversal, the following sentencing guidelines, the criminal history and age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

(1).

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