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(영문) 서울고등법원 2015.02.12 2014노3792
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a long-term three years of imprisonment, a short-term two years of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The Defendant did not have any criminal history as a juvenile of 16 years of age, and recognized the instant crime, thereby contravening his mistake.

The family members of the defendant want to take the lead of the defendant, and the defendant want to take the lead of the defendant.

Meanwhile, the crime of this case was committed by having a female baby take any one by having a female baby known to the Defendant while committing the crime of this case, and committing rape with the victim under the age of 13 who believed her friendship C and became the Defendant, and the nature of the crime is very bad.

As a result, the victim, at the time when it is necessary to form a sound sexual sense as a flat female, she duplicated sexual humiliation that is difficult for the victim to overcome the extreme fear and lifelongly.

The victims and their families have suffered a big mental pain up to now, and the victims and their families have been aware of the fact of damage in the vicinity of the victims, and have raised additional suffering.

The victim and his family members want to punish the defendant because they were not able to receive from the victim.

In addition, comprehensively taking account of all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

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