(영문) 광주고등법원 2017.08.17 2017노162 | 리걸엔진

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Reasons

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(영문) 광주고등법원 2017.08.17 2017노162

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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Defendant

A, the defendant and the person who requested an attachment order and the prosecutor's appeal are all dismissed.

Reasons

1. Determination on the part of the case of the defendant

A. Defendant A, Defendant B, and the person who requested an attachment order (hereinafter “Defendant”) and the prosecutor asserts that the sentence of the lower court is too heavy or is so unfased and unfair as to determine the illegality of sentencing by Defendant A, Defendant B, and prosecutor.

In a case where there is no change in the sentencing conditions compared with the lower court, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of this case is disadvantageous to the Defendants, such as the fact that the Defendants committed the crime of this case, even though they were under the suspension of the execution period for the same kind of crime, by force, by the fact that the Defendants committed a single or twice sexual intercourse with the victim who is not older than 12 years of age, is not highly good, and the Defendants did not receive a letter of intent from the victim (the Defendants agreed with the parents of the victim, but the victims expressed consistently their intention of punishment from the investigative agency to the lower court).

However, the defendants are all aware of each of the crimes of this case, and the defendants A did not have the personality completed with high school students at the time of the crime and did not have criminal records. The defendant B was about 19 years old and did not play the leading role in the crime of this case, which are favorable to the defendants.

In full view of the aforementioned favorable or unfavorable circumstances, as well as the Defendants’ age, health status, family relation, sex, sex, environment, criminal record, motive and background of the crime, means and method of the crime, and all the sentencing conditions as shown in the instant records and pleadings, it is not deemed unfair to the extent that the sentence imposed by the lower court against the Defendants is too heavy or uneasible.

The sentencing of the court below is unfair.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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