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(영문) 대구고등법원 2020.06.04 2020노90

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”), are too unreasonable.

It is also unfair that the court below ordered disclosure and notification of personal information and attachment of an electronic device.

2. Determination

A. As to the allegation of unfair sentencing on Defendant case 1, the Defendant recognized all of the instant crimes and against the wrong determination. The Defendant was merely a young person of 19 years of age as 200, and suffered from diseases, such as an unidentified and shocking disability, non-quality dystin disease, and secondary dysinson’s disease, etc., and the Defendant’s parents are giving favorable consideration to the Defendant, such as the Defendant’s medical treatment and guidance.

However, the Defendant committed each of the crimes of this case, such as rapeing three of them by threatening them to spread their personal information through hosting apps, resulting in injury to one of them. The Defendant purchased the sex of the victim 16 years old, and detained him by deceiving him.

The Defendant committed a crime against the victim B at the time when one year has not passed since he/she was released from a juvenile protective disposition due to rape and confinement of the victim who is a child or juvenile, and committed a rape crime against the F after being investigated. The Defendant committed a rape crime against the F after being investigated, and even while he/she was prosecuted for the above case and is under trial, it is highly likely to continue committing the crime, and the character and conduct needs to be corrected through severe punishment.

The defendant has repeatedly used the method of threatening victims to spread their personal information in the course of committing the crime, and considering the damage, strength, sustainability, possibility of recovery, etc. of female victims if the content of harm and injury notified by the defendant is realized.