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(영문) 서울고등법원 2016.05.12 2016노646
미성년자의제유사강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The Defendant committed the instant crime despite the fact that the Defendant had been subject to punishment twice by openly committing an obscene act in front of female students, etc. who ageed and committed the instant crime. The instant crime requires strict punishment against the Defendant, considering the fact that the Defendant committed an act of inserting his sexual organ inside the mouth of a victim under the age of 13 on two occasions, and that the Defendant attempted to photograph the victim’s body part against his/her will, in the process, to take the victim’s body part against his/her will, and the nature of the relevant crime is not good.

However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable because it is too unreasonable, since the defendant's above assertion is justified, since it is recognized that the defendant's punishment is too unreasonable in light of the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the defendant's age, sex and environment, motive, means and consequence of the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 305 and 297-2 of the Criminal Act (the occupation of quasi-rapes with minors), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted crimes using cameras, the occupation of attempted crimes, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the said Act (the punishment shall be aggravated for concurrent crimes prescribed in the similar rape of a minor child on August 30, 2015, with the largest penalty)

1. Ordered children and juveniles;

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