beta
(영문) 광주고등법원 2019.01.10 2018노366

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (a maximum of three years and six months of imprisonment, a short of three years of imprisonment) is too unreasonable.

2. The Defendant, by threatening the victim to spread his/her body photo, etc. outside the body photo, forced the victim to rape or commit rape on six occasions, and forced the victim to have his/her her her her her friends.

In light of the age, details, and frequency of the victim's crime, the nature of the crime is very bad.

The crime of this case seems to have suffered mental and physical pain to the victim, and the victim is demanding to punish the defendant.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, even if considering the following circumstances, the punishment imposed by the court below against the defendant is too unreasonable, even if considering the circumstances favorable to the defendant: (a) the fact that the defendant is a juvenile who has not yet been fully able to distinguish his or her ability from his or her illness; (b) the fact that the defendant is an initial offender; and (c) his or her family and relatives appear to be obvious, such as the defendant's desire to have his or her wife, etc., as well as the circumstances favorable to the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

4. The decision of the court below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure for the Correction of the Written Decision, and the dismissal of the fourth below as the "Juvenile No. 2" under the fourth below as the "Juvenile No. 2" under Article 2 of the Juvenile Act is corrected