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(영문) 광주고등법원 2016.05.03 2015노610

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

The defendant's appeal is dismissed.

Reasons

1. The crime of this case regarding the Defendant’s wrongful assertion of sentencing is not likely to be committed in light of the background, method, etc. of the crime that the Defendant repeatedly raped a runaway juvenile in need of social protection on four occasions.

The victim seems to have suffered considerable mental impulse and sexual humiliation due to the instant case.

Furthermore, the defendant did not receive a letter from the injured party until this Court.

Sexual violence against children and juveniles, such as the crime of this case, may have a very negative impact on the formation of sexual self-determination based on an untord sexual consciousness, so serious punishment and prevention are necessary.

In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, motive and consequence of the crime, circumstances after the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, it is not recognized that the sentence imposed by the lower court (five years of imprisonment, 80 hours of order to complete the crime) is too unfair.

Defendant

The argument is not accepted (the defendant asserted to the effect that he denies his criminal act in the court below, but the court below rejected the argument and found the defendant guilty through detailed statements in the "decision on the argument of the defendant and his defense counsel".

As a result of comparison with the evidence duly adopted and examined by the court below, such judgment of the court below is justified). 2. Conclusion of the defendant's appeal is dismissed on the grounds that it is not reasonable.