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(영문) 대전고등법원 (청주) 2014.05.22 2014노50
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (the completion of imprisonment with prison labor for a maximum of four years, for a short of three years, and for a period of 80 hours) is too unreasonable;

2. Determination:

A. The court below held that “The crime of this case is a case where the defendant commits rape or similar acts several times of age 15 and threatens to spread a video image taken on the part of his/her sexual intercourse if he/she does not meet, and the nature and circumstances of the crime are very serious, and even though it appears that the victim was made a sense of sexual humiliation, maternity, and mental impulse that makes it difficult for him/her to cope with for a long time due to this, even though he/she did not receive a letter of usage from the victim, it is inevitable to sentence a sentence of punishment even if the defendant is a juvenile. However, it is difficult to view that the defendant is still a high school student under 18 years of age to be completely established the sexual sense or compliance consciousness. Considering the circumstances favorable to the defendant, such as the defendant's first offender who has no criminal power, the defendant's completion of imprisonment with prison labor for a short term of 30 years on the ground that the defendant's character and conduct, circumstances, circumstances of the crime, and circumstances after the crime, etc., all of sentencing stipulated in Article 51 of the Criminal Act.

B. However, after the pronouncement of the judgment of the court below, the parents of the defendant agreed with the victim's wife and the mother of the victim complained of the defendant's wife. In light of the changed circumstances in the trial, it seems that the defendant's fault is divided in depth and is against the truth in light of the defendant's legal attitude, etc., and the parent of the defendant also gives more attention to the defendant, and all of the circumstances and other sentencing conditions favorable to the defendant cited by the court below are considered.

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