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(영문) 부산고등법원 2017.04.13 2017노94
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment below

Part concerning Defendant B, C, and F shall be reversed, respectively.

Defendant

B and C shall be punished by imprisonment for a maximum of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s each sentence sentenced to the above Defendants (Defendant A: imprisonment of a maximum of two years, a short of one year and three months, etc.; imprisonment of a maximum of two years, a short of one year and six months, etc.; Defendant C: imprisonment of a maximum of two years, a short of two years, and a short of one year and four months, etc.) are excessively unreasonable.

B. The prosecutor (with respect to all the Defendants) committed by the lower court against the Defendants each sentence (in the case of Defendants A, B, and C, as described in the above A., and as for Defendants D, E, and F, one year and three years of imprisonment, one year and three years of suspension of execution, etc.) is deemed too uneasy and unfair.

2. Determination

A. As to Defendant A’s assertion of unfair sentencing and prosecutor’s unfair sentencing (except for Defendant B, C, and F) committed various circumstances unfavorable to the Defendant (the crime of this case committed by the Defendant in collaboration with Defendant B, C, E, and F) during the trial at the lower court and the trial at the lower court (the crime of this case was committed against each victim who is a female juvenile in combination with Defendant B, C, E, and F, and the crime of joint bodily injury, joint assault, coercion, joint confinement, and forced indecent act, as indicated in the holding of the lower court’s judgment, and the nature of the crime is very serious in light of the context of the crime, method, method, and consequence, etc. (in particular, regardless of the fact that the Defendant committed an indecent act against the victim, the part where the Defendant committed the crime of this case committed by the Defendant in collaboration with each victim, and the part where the Defendant committed an indecent act was committed by the Defendant in consultation with each victim, and thus, it appears that the victim and the victim did not have any mental suffering up to now.

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