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(영문) 서울고등법원 2015.05.21 2015노974

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (one and half years of imprisonment; one year and six months of imprisonment; one year and six months of imprisonment; one year and six years of short term) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion, Defendant A recognized all of the crimes of this case, and reflected his mistake, and voluntarily surrenders to some of the crimes.

The above defendant is a disabled person of Grade II with intellectual disability.

The number of damages caused by the crime of special larceny in this case is minor, and the victim does not want the punishment against the defendant in consultation with the victim.

However, even before committing each of the crimes in this case, Defendant A committed each of the crimes in this case during the probation period without being aware of the record of juvenile protective disposition several times, including special larceny, assault, etc.

Among the crimes of this case, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is committed against the victim who is merely 14 years of age, and the victim seems to have suffered considerable mental or physical pain due to the above crime.

The above defendant did not receive any instruction from other victims except the victims of special larceny crimes, and did not take any particular measures to recover from the damage.

In addition, comprehensively taking account of all the sentencing conditions shown in the argument of this case, including the age, character and conduct, and environment of Defendant A, the sentence imposed by the court below is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

B. As to Defendant B’s assertion, Defendant B recognized all of the crimes of this case, and opposed to his mistake, and voluntarily surrenders to some of the crimes.

The above defendant was under the influence of due diligence and excessive behavioral disorder (ADD), and was under the mental and medical treatment.

However, before committing each of the crimes in this case, Defendant B.