아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Sexual assault against the defendant for 120 hours.
1. Summary of grounds for appeal;
A. Although the Defendant and the respondent for an attachment order did not contain any statement in the statement of grounds of appeal concerning disclosure order, unfair employment restriction order, and unfair attachment order, the defense counsel at the first trial prior to the expiration of the period for submitting the grounds of appeal filed a statement in the grounds of appeal.
1) The sentence (nine years of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.
B) Although there are special circumstances under which disclosure and notification of personal information of the accused in violation of an order of disclosure and employment restriction order should not be disclosed and notified and restricted, it is unreasonable for the lower court to order the Defendant to disclose personal information for 10 years and to restrict employment for 10 years. 2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 20 years.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination:
A. The part of the defendant's case (the defendant and the prosecutor's assertion of unfair sentencing) the defendant threatened the victim C (the family name) who is a child or juvenile to spread text messages exchanged with male sex trafficking, forced the above victim to rape, prepare criminal agreement money for the defendant, and forced the above victim to meet the conditions again under the pretext that the victim C (the family name) will spread the text messages exchanged with male sex trafficking, and forced the above victim to take criminal agreement money again.
In addition, the Defendant and the victim H, who was a child or juvenile, were raped by intimidation.
The physical and mental damage suffered by the victims due to the defendant's crime seems to be difficult to recover easily.
Furthermore, the Defendant committed the act of arranging sexual traffic.
In light of the seriousness of each of the crimes of this case, the severity of damage and the nature of the crime, it is inevitable to punish the defendant with severe penalty corresponding to the responsibility of the crime.