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(영문) 서울고등법원 2015.08.21 2015노1819
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the punishment (three years of imprisonment) imposed by the court below on the defendant and the person for whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

The sentence imposed by the court below on the defendant in the part of the case of the prosecutor's defendant is too unfasible and unfair.

It is improper for the court below to dismiss the defendant who is in danger of reoffending an attachment order request.

Judgment

The instant crime against the Defendant and the prosecutor’s assertion of unreasonable sentencing is related to the attempted rape of the Defendant and the prosecutor’s attempt to discover the victims returning home under the influence of alcohol and enter the house, and thus, is highly likely to be subject to criticism.

Due to the crime of this case, the juvenile victim seems to have suffered a considerable sense of sexual humiliation and suffered mental shock.

However, the Defendant recognized the crime of this case, thereby against the wrongness, and the victim did not want the punishment of the Defendant by mutual consent with the victim.

The defendant is the first offender who had no record of criminal punishment prior to the crime of this case, and the social ties is relatively clear, such as the defendant's family member's prior to the crime of this case.

In addition, in full view of the various conditions of sentencing as shown in the argument of this case, such as the age, character and conduct, environment, family relationship, circumstances, means and result of the crime, etc. of the defendant, the sentence imposed by the court below is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

The lower court dismissed the Defendant’s request for attachment order on the ground that it is difficult to deem the Defendant to have committed a second offense in light of the circumstances stated in its reasoning.

The following are acknowledged by the evidence duly adopted and examined by the court below and the court below.

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