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(영문) 서울고등법원 2016.10.20 2016노2127
미성년자의제강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant, who recognized all of the instant crimes, is against the Defendant.

There is no record of criminal punishment against the defendant.

In the course of the instant crime, the victims did not exercise violence or force.

However, the crime of this case is very likely to be committed by having sexual intercourse with a female elementary school student who is 11 years old or older, and purchasing the sex of a female middle school student who is 13 years old or older on two occasions.

In particular, the defendant was investigated by the prosecution due to the crime of sexual intercourse with the juvenile, and again committed the crime of constructive rape with the minor under 13 years of age on about 20 days after he was investigated by the prosecution.

As a result, the sexual values have not yet been formed, and the ability to judge has also influenced the wrongs of the victims.

The defendant was unable to receive suspicion from the victims.

In addition, in full view of the Defendant’s age, character and conduct, environment, and all other sentencing conditions as shown in the argument in this case, the lower court’s sentencing period is three years of imprisonment, and the recommended sentencing criteria for the enactment of the sentencing guidelines by the Supreme Court, it cannot be deemed that the sentence imposed by the lower court is unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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