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(영문) 대구고등법원 2018.11.29 2018노454
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the completion of a sexual assault treatment program with 3 years and 80 hours of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following are the circumstances favorable to the Defendant: (a) the Defendant was fully aware of each of the instant crimes; (b) the Defendant did not exercise a special tangible power in the course of committing the crime; and (c) the degree of indecent act is not much serious; (d) the Defendant did not have any specific criminal record other than three times before and after the punishment of the instant crime; and (e) there was an old old mother who needs support.

However, the crime of this case is committed on the other hand, as the victim's external third village, ① by force against the victim who was under 10 to 11 years of age around the summer, and ② by force against the victim who was under 15 to 16 years of age since the late 2017, and committed an indecent act by force against the victim by using force against the victim who was under 15 to 16 years of age. In light of the background of the crime, method, number and frequency of the crime (child vulnerable to the crime of sexual assault), and the victim's relationship with the victim, etc., the victim was deemed to have suffered severe mental shock and sexual humiliation, and sexual humiliation, which were under 2 years of age since the late 2012, and was found to have been under 14 years of age and 3 years of age due to the formation of the victim's personality and sound sense of values (the victim was found to have been under 17 years of age and 4 years of age and 14 years of age.).

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