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(영문) 부산고등법원 2015.12.10 2015노609
미성년자의제강간등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, and 80 hours of sexual assault treatment course) that the court below made shall be deemed too unfluent and unfair, and shall also be ordered to disclose and notify personal information.

2. Each of the crimes of this case is an indecent act and one time of sexual intercourse with the victim who is a woman with a intellectual disability (Grade III) under the age of 12, and the nature of the crime is not weak. It is a somewhat doubtful question whether the crime of this case properly reflects the crime, such as denying the part concerning the rape of the minor who is the most serious criminal defendant, and that there is a possibility that the crime of this case may significantly interfere with the formation of the correct sexual sense of the victim who has a disability with the age of 12 and the age of 3.

On the other hand, the fact that the defendant does not seem to have exercised the force of force against the victim, the fact that the victim does not want the punishment of the defendant by mutual consent between the victim and the victim, the first offender, the defendant's edification and improvement is possible at the young age, and the family and the club members want to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be

In light of the above circumstances and other factors of sentencing as indicated in the argument of this case, including the defendant's age, character and conduct, environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., it appears that the defendant has half-time hours through prison life for about three months, and even if the defendant imposes an order to attend sexual assault treatment courses on the defendant within the society where suspension of execution of imprisonment, which is called a suspension of execution, which is disadvantageous to or favorable to the defendant, it would have a special preventive effect, within the scope of the recommended sentence as set forth in the sentencing guidelines of the court below (one year to six months to August 10).

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