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(영문) 부산고등법원 2019.05.23 2019노70
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of four years.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) (the maximum of four years of imprisonment and the short of three years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the Defendant case is too unfasible and unreasonable.2) The Defendant’s recidivism risk is sufficiently recognized in light of the background, object, method, etc. of the crime committed in the part of the case claiming attachment order.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine on the prosecutor’s request for attachment order.

2. The defendant and the prosecutor's assertion of unfair sentencing regarding the part of the defendant's case are also examined.

The Defendant committed the instant crime without any appropriate instruction on the formation of his sexual orientation and right sexual values in the family environment where the Defendant was aware of all the instant crime, and thus, it appears that the Defendant committed the instant crime without suppressing sexual impulses, even though he did not receive any appropriate instruction on the formation of his sexual orientation and right sexual values.

The defendant's fenced teacher and parents appeal the defendant's wife against the defendant and edification. The defendant's family members are trying to avoid secondary damage by moving their residence at the request of the victim's parents and moving the defendant's birth who is attending the same school as the victim's birth to another school.

These points are favorable to the defendant.

However, the crime of this case was committed in three times by attracting the defendant to take his desire against a minor victim under the age of 13 and confined to the toilet of the convenience store he works and committing similar rapes in the following three times, and the crime is very bad.

In particular, the defendant is in the process of crime.

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