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(영문) 대전고등법원 2016.01.08 2015노566
미성년자의제강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The punishment of the court below (one year and six months of imprisonment) is too heavy.

Prosecutor: The sentence of the lower court is too minor.

2. We examine both of the judgment parties’ unfair claims for sentencing.

Inasmuch as the ability of judgment is insufficient to protect a young juvenile, thereby falling short of his/her physical and mental ability to protect him/her, and the sexual concept or values have not been properly formed, the State is responsible for actively protecting, guiding and educating him/her so that they can lead society in the future to prevent sex offenders or the other party, and to prepare a legal and institutional system to protect them from sexual crimes, and to protect them from sexual crimes committed against them, by recognizing them as one of the anti-social crimes, and by recognizing them as one of the members of the society where sound sexual sense or values have been formed.

In line with this social trend, social consensus has been formed that sex offenses against children should be strictly punished.

If, in doing so, young children and juveniles who are under the age in a harmful environment vulnerable to sex crimes, even if they do not have any cruel money due to the lack of their judgment, exercise the right to make a false sexual self-determination, which is associated with the fact that they did not have any cruel money.

Even if so, it is necessary to prepare and operate a system that can grow more actively and properly, and to protect, guide and educate them.

However, the defendant has abused the social responsibility of the defendant, and used it as a tool to meet his distorted sexual desire by taking advantage of his or her distorted sexual self-determination power and a false sexual self-determination power.

The defendant, who entered the 40th unit, shows in his own name each of the crimes of this case.

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