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(영문) 서울고등법원 2016.10.20 2016노1938

미성년자의제강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The Defendant, who recognized all of the instant crimes, is against the Defendant.

A defendant has no record of criminal punishment except for a fine imposed for a violation of the Military Service Act in around 2007.

In the course of the instant crime, the victim did not exercise violence or force.

However, the crime of this case is very bad to commit the crime of this case by having the victim who is 11 years of age sexual intercourse once, and transmitting obscene images to the victim twice.

As a result, sexual values have not yet been formed, and the ability to judge has also influenced the victim, who is an elementary school student, who has not been able to have been able to judge.

The defendant was unable to receive suspicion from the victim.

In addition, considering the age, character and conduct, environment, and all of the sentencing conditions shown in the arguments in this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below against the defendant cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.