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(영문) 의정부지방법원 2018.07.09 2018노1207

아동ㆍ청소년의성보호에관한법률위반(강요행위등)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for Defendant A, one year of imprisonment, 40 hours of completing a sexual assault treatment program, Defendant B: 10 months of imprisonment, and 40 hours of completing a sexual assault treatment program) is too unreasonable.

2. A favorable circumstance is that the Defendants recognized the instant crime and reflected, the victim did not want the punishment against the Defendants, the Defendants did not have any history of criminal punishment, and Defendant A should take into account the equity with the case where the judgment is rendered simultaneously with the crimes entered in the facts in the judgment of the lower court.

However, the crime of this case was committed by the Defendants through soliciting and soliciting the victims who are juveniles to engage in sexual traffic several times, and the nature of the crime is very significant, and Defendant A suggested and led the victims to engage in sexual traffic, as well as unfavorable circumstances such as the crime of this case. In full view of the balance of general punishment in similar cases in the same kind and other circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the Defendants’ age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and too unreasonable. Thus, the Defendants’ wrongful assertion of sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.