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(영문) 서울고등법원 2017.03.07 2016노3465

아동ㆍ청소년의성보호에관한법률위반(강간)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty, the attachment order, and the protective observation order, on which only the Defendant appealed and appealed.

Therefore, the part of the case requesting the attachment order and the protective observation order is excluded from the scope of the trial of this court, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders as there is no benefit in appeal, and the scope of the trial of this court is limited to the part of the case of the defendant.

2. The summary of the grounds for appeal (unfair sentencing) by the lower court (five years of imprisonment) is too unreasonable.

3. The Defendant committed the crime of coercion by purchasing the victim’s sex on two occasions through so-called “the remainder of the conditions” through the mobile phone hosting c. The Defendant committed the crime of coercion by inducing the victim to have sexual intercourse with himself/herself.

After that, even though the Defendant became aware that the victim was a juvenile under 15 years of age, rapes the victim by using two different methods, and takes the process as cellular phone to produce obscene materials for using the child. Furthermore, the Defendant attempted to withdraw KRW 1 million from the victim by using photographs, etc. taken pictures of sexual intercourse with the victim.

Although the victim asked the defendant to contact with him/her while suffering fear and mental suffering after sexual traffic, the defendant continued to commit the following crimes, and the victim's age seems to have suffered a considerable sexual humiliation and physical suffering.

In particular, the part of the defendant's awareness that the victim is a juvenile is very heavy for rape and production of obscene materials.