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(영문) 부산고등법원 (창원) 2016.03.09 2015노410

아동ㆍ청소년의성보호에관한법률위반(강요행위등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant committed all crimes of this case and misunderstandings wrongs, and that the defendant grow up in an environment that is not a divorce of his parents.

On the other hand, the crime of this case requires the defendant to attack and detain female juveniles for the purpose of collecting money, threaten one of them to engage in commercial sex acts by threatening one of them, by deceiving many victims, and selling mobile merchandise coupons, etc. to their mobile phone, and by receiving money from a number of financial account passbooks, and transferred them to the defendant, and attempted to arrest female juveniles with commercial sex acts, and there is a high risk of criticism in light of the criminal history, method, etc., and it seems that the crime of this case is very high, and the mental shock of the damaged female juveniles seems to be serious; the financial account transferred by the defendant was used for phishing crime, and multiple victims were not recovered at all, and the victims were punished for the defendant, and the defendant committed the crime of this case without being aware of it during the period of repeated offense due to the crime of attack, etc.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is too large.

Therefore, the defendant's ground of appeal is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.