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(영문) 수원고등법원 2020.04.08 2020노22

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is excessively unreasonable.

B. Inasmuch as there are special circumstances to exempt the Defendant from disclosure and notification orders, it is unreasonable to order the lower court to disclose and notify the Defendant’s personal information.

2. Determination

A. 1) In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) The fact that the Defendant recognized both the instant crime from the court of the lower court to have recognized the instant crime from the court of the lower court, divided his mistake and reflected in depth; the instant crime was committed against attempted crimes; the Defendant was committed by mutual consent with the victim; the victim does not want the punishment of the Defendant; the Defendant’s social relative relationship is relatively clear.

On the other hand, the crime of this case was committed by the defendant who had committed an act, such as demanding a child or juvenile victim to have obscene pictures, and attempted to have sexual intercourse by force by inducing the victim to the place where the crime of this case was committed, and the liability for the crime of this case is very heavy. The victim appears to have received considerable fear, sexual humiliation, and mental impulse with the victim due to the crime of this case, and the defendant was sent his body pictures by proposing the model, etc. to the juvenile while driving in a female with the pet-North Korea, and had the record of criminal punishment for committing the crime of this case, such as threatening to spread it, but again committed the crime of this case, which is disadvantageous to the defendant.

The defendant's age, character, character and environment as well as the above circumstances.