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(영문) 대구고등법원 2015.09.24 2015노392
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. 40 hours against the defendant.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is committed by the victim, who is a juvenile by the defendant due to school violence, bullying, etc., emphasizing the connection and status in the community or another group, and demanding a sexual relationship in return for protecting the victim and expanding the connection, and without complying with the demand, the victim's sexual intercourse or similarity by force over six times with the victim's sexual intercourse or by force. It is a serious crime in light of the law and frequency of the crime.

The victim appears to have suffered a very large mental impulse, such as the failure to attend the school properly due to the above crime of the defendant, etc. It is clear that the suffering and suffering therefrom will obstruct the victim to grow into a healthy and harmonious personality body.

On the other hand, the Defendant did not have any history of criminal punishment prior to the instant crime, and is seriously against his fault.

The defendant agreed with the parents of the victim in the court below, and received a letter of favor from the victim in the trial.

In full view of all the circumstances, including these circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Grounds for Appeal】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, are described in each corresponding column of the judgment below.

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