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(영문) 광주고등법원 (전주) 2014.10.28 2014노158
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) - The sentence of the lower court on unreasonable sentencing (the imprisonment of a maximum of three years, a short of two years, confiscation, and an order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is too unhued and unreasonable.

B) Although there are no special circumstances to prevent disclosure or notification of the Defendant’s personal information, it is inappropriate for the lower court to impose an order to disclose or notify the Defendant’s personal information, it is unreasonable for the lower court to impose an order to disclose or notify the Defendant’s personal information. 2) Even if the Defendant’s part of the case claiming an attachment order is likely to repeat a sexual crime or a crime of abduction against a minor, the lower

2. Determination on the part of the defendant's case

A. We also examine the defendant and prosecutor's assertion of unfair sentencing on each of the grounds of unfair sentencing.

The crime of this case was committed by the Defendant by assaulting the Victim F, who is a female juvenile in her native relationship, preventing the Defendant from resisting against his will. In light of the following circumstances, the victim F, who might have caused sexual humiliation or sense of shame by using Handphones inside the Kameras, was exposed to the victim F, who was in common with the B, etc., and was kidnapped by the minor victim I as well as the victim I, who was injured the victim P on the ground that the Defendant refused the Defendant’s request. In addition, the crime was not very good in light of the motive, circumstance, details of the crime, and method of the crime, etc., the crime was committed; the victim F appears to have caused the victim’s emotional impulse and extreme sense of sexual humiliation, and the Defendant was not able to get used from the victim F, considering the fact that the Defendant was a juvenile.

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