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(영문) 부산고등법원 2017.12.20 2017노516

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the maximum of six years of imprisonment, the short of four years, the order to complete the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the appeal

2. The defendant recognized the crime and reflects the mistake, and again, the same mistake is not repeated.

There are many things.

Until before the crime of this case was committed, it seems that the juvenile protective disposition or criminal punishment was relatively faithful without being subject to criminal punishment, and it seems that there is sufficient room for improving character and behavior as a juvenile who has been over 17 years of age.

The court below paid money and agreed not to punish the defendant in the victim side, and the parents of the defendant have repeatedly complained of the defendant while leading the defendant.

Nevertheless, it is inevitable to sentence the defendant for the following reasons.

From 14 years of age to 14 years of age, the Defendant forced another victim who is a criminal minor, and received transmission of a confidential body part photograph for a long time exceeding 2 years, thereby threatening the victim to resolve sexual humiliations or take the subject of money fraud.

As a result of the criminal act of the defendant, the victim suffered from an irrecoverable physical and mental pain with money or any other compensation, and the victim tried to commit the other suicide due to the defendant's failure to check the criminal act.

It is limited to an act that does not properly establish the decentralization and values, and the crime is too heavy and the suffering and negative effects caused by the victim are serious.

It is reasonable to bring the defendant into a petition through a certain period of life and to provide the victim with an opportunity to commit the crime.

Considering such circumstances and all of the sentencing conditions under Article 51 of the Criminal Act as shown in the argument of the lower court and the party deliberation, the lower court’s sentencing is within the reasonable scope of discretion.

참조조문