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(영문) 서울고등법원 2013.10.17 2013노1973

미성년자의제강간등

Text

The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment for three years.

Seized CD...

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A (unfair assertion of punishment) was divided and reflected by Defendant A, the lower court’s imprisonment (five years and six months) is too unreasonable.

B. Considering the circumstances of the instant case and the fact that the Defendant repented and reflected his mistake, the lower court’s imprisonment (four years of imprisonment) is too unreasonable.

C. Defendant D (definite assertion) did not arrange sexual traffic as a business or arrange sexual traffic in collusion with Defendant C.

2. Determination

A. As to the Defendant’s assertion, the lower court seems to have comprehensively taken into account the following circumstances: (a) the Defendant had sexual intercourses with a female child under 12 years of age, who is 12 and physically mature, using a self-defense body; (b) the Defendant had sexual intercourses with a female juvenile; (c) the Defendant had sexual intercourses against his will; and (d) the Defendant stated that B had led sexual intercourses; (c) the Defendant had led sexual intercourses at the lower court, but was aware that he had led sexual intercourses at the time of the trial; (d) the Defendant agreed with the victim about the crime of constructive rape of a minor; (e) the Defendant had no history of criminal punishment for the same crime; and (e) it is difficult to conclude that the Defendant taken sexual intercourses for the purpose of distributing to many and unspecified persons; and (e) the Defendant’s age, character and character, environment, family relationship, motive and background of the crime; and (e) the method and consequence of the crime; and (e) the sentencing guidelines for sentencing guidelines established by the Supreme Court.

Therefore, the defendant's argument is justified.

B. Defendant C’s assertion is determined.