(영문) 대구고등법원 2015.08.27 2015노296 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 대구고등법원 2015.08.27 2015노296

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed the prosecution as to only the Defendant’s conviction was dismissed separately and finally decided.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. The summary of the reasons for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

3. The fact that the defendant had no record of criminal punishment prior to the crime of this case, that the defendant does not want the punishment against the defendant by agreement with the victim at the original trial, and that the defendant committed a crime against the mistake when both the defendant and the defendant committed the crime, is committed in the first trial, is favorable to the defendant.

However, the crime of this case is serious in light of the law and content of the crime, since the defendant committed sexual intercourse with the victim 14 years old who became aware of the smartphone hosting by force and took pictures of the victim, and then re-Raped within his own vehicle after the victim was threatened to spread it on the Internet.

When establishing a sound sexual identity and values, a victim was suffering from huge physical and mental pain, such as psychological treatment and pharmacologic treatment due to external stress disorder, etc. caused by the above crime by the defendant. It is clear that the victim’s attitude will interfere with the healthy and harmonious personality body.

The sentence imposed by the court below on the defendant is not only the lowest sentence among the applicable sentences under the law, which has been mitigated through the aggravation of concurrent crimes (a life imprisonment or a prison term of more than five years), but also is much lower than the lower limit of the recommended sentence according to the sentencing guidelines (a period of five years to September 10).

In addition to these circumstances, the Defendant’s age and age.

유사 판례

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