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(영문) 광주고등법원 (전주) 2017.05.16 2016노243
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

All parts of the defendant C and D shall be reversed.

Defendant

C. In 8 months of imprisonment, Defendant D.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for the crimes Nos. 1, 2, and 3 as indicated in the lower judgment; five years; imprisonment for the crimes set forth in Articles 4, 11, 12, and 21 as indicated in the lower judgment; 200 hours; imprisonment for the crimes set forth in Articles 10 and 19 as indicated in the lower judgment; four years; imprisonment for the crimes set forth in Articles 4 through 8, 14, and 18 as indicated in the lower judgment; imprisonment for the crimes set forth in Articles 4, 200 hours; imprisonment for the sexual assault treatment program set forth in the lower judgment; 20 hours; Defendant C; imprisonment for the crimes set forth in subparagraphs 1, 3; imprisonment for eight months; and imprisonment for one year and six months) is too unreasonable.

2. Determination

A. The lower court determined the Defendant A’s wrongful assertion of sentencing. In the case of a crime after the final and conclusive judgment, the lower court considered Defendant A as favorable to the Defendant A the fact that there was no criminal record exceeding the suspended sentence as the young age.

On the other hand, Defendant A forced the victim, who is a female student suffering from 13 suicide, to engage in sexual traffic by force, and ordered the victim to monitor the victim, to receive the payment through his assistant, etc. Defendant A played a leading role in the crime. Defendant A committed rape in that it is highly likely to be subject to criticism in that sexual values have not been properly established, and Defendant A led the victim to rape in that he was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually protected by the society and family, and Defendant A committed during the suspended execution period.

The lower court prior to the final judgment.

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