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(영문) 서울서부지방법원 2014.01.07 2013노974

미성년자유인등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (one year of imprisonment and two million won of fine) of the lower court.

2. The sentencing factors favorable to the Defendant are: (a) the fact that the Defendant recognized all of the instant crimes; (b) the Defendant is receiving mental treatment by means of depression, inorganic evidence, and typology; and (c) the fact that the Defendant is receiving mental treatment.

However, the defendant was punished for the suspension of the execution of imprisonment due to the act of selling obscene materials prior to the crime of this case. Each of the crimes of this case is deemed to have been committed by inducing juveniles aged between 15 and 17 who are under the age of 15 and 17 due to the lack of personality and causing them to be similar, or by paying the price, and thus, the crime is very bad, and the defendant's above act was committed, and even though the victims who are juveniles have suffered a considerable mental shock, the defendant did not reach an agreement with the victims up to the trial of this case, it is determined that the punishment imposed by the court below is within the proper sentencing range.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.