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(영문) 대구고등법원 2015.08.13 2015노272
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

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

2. The crime of this case is not deemed to have committed an indecent act against a female child who is only ten years of age by force.

The victim and his family members suffered a huge mental impulse due to the crime of this case, and these mental impulses are likely to have a negative impact on the victim's growth as a sound social person in the future.

On the other hand, the crime of this case is not planned and repeated, but contingent and disposable crimes, and the defendant was punished once more than 28 years prior to the violation of the Establishment of Homeland Reserve Forces Act, and the defendant has no record of other criminal punishment, and all of the crime of this case is recognized as a person without any record of other criminal punishment, and seriously reflects his/her mistake, and as part of efforts to recover such reflective and damage, there are extenuating circumstances such as depositing a certain amount of money for the victim at the court below and the court below.

In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the crime, victim’s intent, etc. including these various circumstances, the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to its liability.

Therefore, the defendant and the prosecutor's argument that punishment is too heavy or unreasonable is not justified.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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