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(영문) 서울고등법원 2014.04.03 2014노146

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (limited to three years of imprisonment, five years of probation, three years of probation, 80 hours of sexual assault therapy, community service 80 hours of imprisonment) is too unreasonable.

The sentence of the lower court in the part of the Defendant case of the prosecutor is too uneasible and unreasonable.

It is unreasonable for the court below to dismiss the request for attachment order of a person who commits a sexual crime against a defendant and a person under the age of 19 (hereinafter referred to as "defendants") for a part of the request for attachment order, despite the risk of repeating a sexual crime.

Judgment

We examine the defendant's part of the defendant's case and prosecutor's argument of unfair sentencing.

Considering the fact that the crime of this case was committed by rape with a juvenile who was a juvenile who was released by the defendant in drinking alcohol, and was committed in the telecom, and the nature of the crime is heavy in light of the method and content of the crime, and that it seems that the victim who was yet aged would have been suffering from considerable mental impulse due to the crime of this case, a strict punishment against the defendant is necessary.

On the other hand, on the other hand, the defendant was the first offender of the age of 23 who had no criminal power at the time of committing the crime in this case; the defendant was fully aware of and against all of his criminal acts when he committed the crime in the court below; the defendant did not want the punishment of the defendant; the punishment sentenced by the court below was determined by fully considering the various circumstances mentioned above; the punishment sentenced by the court below seems to have been determined in the court below; there is no particular change of circumstances that could vary between the court below and the punishment; and in light of the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, it does not seem that the punishment of the court below against the defendant is too heavy or unreasonable.

A defendant and a prosecutor;