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(영문) 광주고등법원 (전주) 2017.12.22 2017노207

간음유인

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original sentence (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable; and

2. In the process leading to the instant crime, the Defendant did not exercise the physical force against the victim during the process of leading up to the instant crime, and was committing the instant crime, and committed a mistake.

The defendant, as a child, had an appropriate care for the juvenile, and did not receive an appropriate care, and such growth environment seems to have affected the crime of this case.

The equity between the defendant and the defendant's judgment shall also be taken into consideration at the same time as the judgment becomes final and conclusive.

These points are favorable to the defendant.

On the other hand, the crime of this case is not a good crime that has been committed in sexual intercourse by inducing the victim who was employed and withdrawn from home to the office of the defendant for the purpose of sexual intercourse with the victim under the age of 14 who lives in childcare facilities.

In particular, there is a high possibility of criticism in that the defendant makes the victim get out of the country by repeating false words, such as actively providing board and lodging.

The crime of this case seems to have suffered a considerable sense of sexual humiliation and mental impulse, and it is clear that the crime of this case has a negative impact on the formation of the sound character and sexual identity of the victims who have yet to be aged.

In addition, in that the defendant, after having sexual intercourse with the victim, did not protect the victim who is not in a state of interest, and left the victim outside of his residence, the circumstances after the crime are also bad.

The Defendant did not receive a letter from the injured party until now, and has been subject to juvenile protective disposition several times for other crimes before the instant case.

These points are disadvantageous to the defendant.

In addition, in full view of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too vague.