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(영문) 대구고등법원 2020.09.10 2020노218

간음유인

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment, etc.) is too unhued and unfair.

Judgment

The crime of this case is that the defendant, as a minor under the age of 14, has induced the defendant to engage in sexual intercourse with the emotional uneasy victims due to the minor's ignorances, depressions, etc., and the nature of the crime is not good in light of the circumstances and methods of the crime, and is likely to be criticized.

As a result, the victim has suffered a considerable sexual humiliation and has suffered mental and physical damage.

Nevertheless, the Defendant was unable to receive a written indictment from the victim until the trial of the case.

The defendant committed the crime of this case without being aware even during the period of repeated crime, and the defendant also escaped without complying with the request of the court of the original instance for attendance without justifiable grounds.

However, the defendant has recognized all crimes in this court, and is against all.

The time under which the defendant's factual control is relatively short by inducing the victim, and the defendant has no same power.

In addition, comprehensively considering the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below shall be deemed appropriate and unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.