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(영문) 대전고등법원 2013.03.20 2013노25
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (three years of imprisonment, five years of suspended execution, etc.) is deemed to be too unhued and unfair.

2. The crime of this case is a case where the defendant committed indecent acts by compulsion and attempted rape by taking the victim of 15 years of age at his house as the object of resolving sexual desire, and the crime is very heavy.

However, it does not seem to have used serious violence against the victim, rape is committed, and rape is committed. The victim's child wants to be punished by the defendant at the police station and for that reason, the victim's child, his father and wife who must rear the defendant is the victim's child, etc., and since there is no mother, the defendant's child's child is the victim's child, etc., and the defendant's child is the victim's child, etc., and the defendant's child can not become the victim's child if he is placed in his house (5 pages of investigation records). In light of the above facts, it seems that the victim's above statement appears to have resulted from the victim's true intent, and there is no evidence that there was any involvement of the defendant in the above statement, such as the whole process of the victim's statement and the above statement, the victim's above statement appears to have been committed with no criminal history, and all other circumstances that constitute the conditions of sentencing in this case's pleading, such as the defendant's age, character and environment, circumstances, and circumstances after the crime, are without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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