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(영문) 대구고등법원 2013.05.01 2012노624
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had sexual intercourse with the victim F through sexual traffic, but the same victim was not aware that he was a juvenile.

B. The Defendant has been unable to sleeply because he too much of each of the instant drugs, and eventually, each of the instant crimes was committed in a state of mental disability or a similar state. Therefore, the Defendant should be mitigated.

C. The lower court’s sentence of unreasonable sentencing (ten years of imprisonment, forty hours of order, disclosure, and notification order) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor added 80,000 won as consideration for sexual intercourse, and the prosecutor added the previous facts charged as to the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse as stated in paragraph (1) of this Article among the facts charged at the trial. The defendant, at around 05:15 on June 19, 2012, "the sex trafficking" as the conjunctive facts charged, and "the defendant, at around 05:15 on June 19, 2012, he/she added 80,000 won as consideration for sexual intercourse, and 80,000 won as consideration for sexual intercourse at the age of 15,00,000 won to F (the age of 15,000,000,000,000 won and 7,000 won as the ancillary facts charged, and thus, he/she cannot be seen as being subject to the amendment of the Act on Special Cases concerning the Punishment of Juveniles from Sexual Abuse."

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