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(영문) 부산고등법원 (창원) 2016.11.02 2016노281
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the accused case’s conviction, the request for attachment order, and the request for probation order, respectively.

With regard to this, only the defendant appealed, since there is no benefit in appeal with respect to the case of the request for attachment order and the case of the request for probation order, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order and the case of the request for probation order are excluded from the scope of the trial of this court, and only the case of the defendant

2. The summary of the grounds for appeal is too unreasonable that the punishment (two years of imprisonment, two hundred hours of order) imposed by the court below on the defendant is too unreasonable.

3. The judgment of this case is that each of the crimes of this case committed by the defendant as the friendship relationship of the victim (here, D) and was responsible for protecting the victim so that the victim may grow properly, but rather, as a sexual object, the victim committed an indecent act and sexual intercourse several times by force until the victim reaches 10 to 14 years of age, and the crime is extremely poor and the method of committing the crime is extremely poor. The victim, who should be able to honor and form a correct sexual values, caused a great physical and mental shock and a sense of sexual shame due to each of the crimes of this case. Although the parent of the victim did not want to be punished against the defendant, the victim submitted a written application to the effect that the victim want to punish the defendant with severe punishment against the court below and the court below, the victim was disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant, and they are against the defendant, the defendant has no record of punishment for sexual crimes, and the defendant has a disability of Grade III with mental retardation disorder.

. The above.

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