beta
(영문) 광주고등법원 2014.07.03 2014노60

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The judgment of the court below is reversed.

Defendant

In addition, Defendant E shall be punished by imprisonment with prison labor for six years and by six months, respectively.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (eight years of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s imprisonment (eight months of imprisonment) against Defendant E is too unreasonable.

C. Prosecutor 1) The lower court’s sentence against the Defendants is too uneasible and unfair. 2) The period for issuing an attachment order to Defendant A is too short that the lower court orders Defendant A to attach an electronic device.

2. Determination

A. As to the assertion on unfair sentencing by Defendant A and the prosecutor, the Defendant did not appear to have been sentenced to a suspended sentence of imprisonment for the crime aiding and abetting the sexual traffic of runaways even before the lapse of two months from the date on which the Defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime, and committed the instant crime only during the suspended sentence period of imprisonment with prison labor for not only two months but also for inducing runaways to become the counterpart of the act of purchasing the sex of runaways, not for inducing them to be the counterpart of the act of purchasing the sex, but for committing the crime of committing rapes or coercions by force, and the said runaways committed the instant crime. The Defendant was punished in light of the fact that not only the Defendant prepared the tools to commit the crime to force a large number of unspecified women with limited liability to take money and valuables, but also the Defendant committed the crime of inflicting bodily harm on or by using the dangerous objects subject to his instructions, but also the Defendant was highly subject to punishment.

However, the defendant confessions all of the crimes of this case and reflects them, there is no record of punishment for sexual crimes against the defendant, and the victim of the above crimes in the first instance.