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(영문) 대전고등법원 2014.09.26 2014노313

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. In light of the fact that the crime of this case was committed not only on a majority of the facts constituting the crime, but also on sex crimes and violent crimes were committed against the victims of age, and the nature of the crime was inferior, and that there was no particular measure to recover from damage until now, the prosecutor's assertion that the defendant needs to be punished strictly is reasonable.

However, in light of all the circumstances, such as the fact that the Defendant made a confession of all of the instant crimes when the Defendant was in the trial, there is room to take into account some of the motive of the Defendant’s crime that was a relationship with the victim of sexual crimes, and that the Defendant has no force to punish violent crimes or imprisonment or heavier punishment, etc., the lower court’s sentencing is too heavy to the extent that it is reversed, or is too unjustifiable

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.