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(영문) 서울고등법원 2014.06.13 2014노335

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (three years and six months) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.

B. The lower court’s improper assertion that the attachment order was issued to the Defendant for a seven-year location tracking device attachment order is unreasonable.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing is one of the most favorable circumstances to the Defendant, and the fact that the Defendant did not have an opportunity to establish a smooth social relationship and an opportunity to establish a sound sexual intercourse or a sound sexual consciousness through emotional unstable growth.

On the other hand, each of the crimes of this case is that the defendant committed an indecent act or act of similarity by force against female juveniles who are merely 13 years of age, and the nature of the crime is very heavy, and it seems that the sexual humiliation and mental impulses that the defendant would have been received by the aged female victims, and that the defendant did not receive a letter from the victim up to the trial, and that the defendant committed each of the crimes of this case during the period of suspended execution, which were punished as the crime of the first head's indecent act as stated in the judgment of the court below.

그 밖에 피고인의 연령, 성행, 지능과 환경, 범행의 동기와 경위, 범행 후의 정황 등 여러 가지 양형의 조건들과 대법원 양형위원회의 양형기준에 따른 권고형량 범위◇아동ㆍ청소년의성보호에관한법률위반(위계등추행) [유형의 결정] 성범죄 > 일반적 기준 > 강간죄(13세 이상 대상) > 제2유형{청소년강간/유사강간(위계ㆍ위력간음/유사성교 포함)} [권고영역의 결정] 기본영역 [권고형의 범위] 징역 5년 - 8년 ◇아동ㆍ청소년의성보호에관한법률위반(강제추행) [유형의 결정] 성범죄 > 일반적 기준 >...