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(영문) 대구고등법원 2015.03.19 2014노606
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, so as to lack the ability to discern things or make decisions. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, it is recognized that the defendant was in a state of drinking alcohol at the time of each of the crimes in this case.

However, in full view of the circumstances and means of each of the instant crimes, the circumstances after the commission of the instant crimes, the Defendant’s attitude of testimony, etc., which are acknowledged by the foregoing evidence, do not seem to have existed in a state where the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of each

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant by compulsion of her age, and its nature is very bad.

The victim seems to have suffered a significant mental shock due to each of the crimes in this case.

The victims and the parents of the victims are punished for the defendants.

On the other hand, the defendant, who has no record of criminal punishment in Korea, shows his attitude to recognize and reflect all of his errors.

In full view of all the circumstances, including these various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines, the lower court’s punishment is deemed an appropriate punishment corresponding to its liability, and it does not seem that the sentence is too heavy or unreasonable.

Therefore, each of the above arguments by the prosecutor and the defendant is justified.

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