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(영문) 수원고등법원 2020.08.19 2020노115
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment sentenced by the lower court on the grounds of unfair sentencing (two years of imprisonment for a short term, one year and six months, etc.) is too uneased and unreasonable.

2. Determination

A. The Defendant, when drinking alcohol in the mechanical room of the elevator room of the building B with the victim of 14 years of age and the victim, taken the victim’s full withdrawal and the victim’s her her tumm with video, and sexual intercourse with the victim.

In light of the fact that the victim wants the punishment of the defendant, and the circumstances before and after the crime, the responsibility of the defendant is not easy.

B. On the other hand, the Defendant acknowledges and reflects his wrong behavior.

The video recorded by the accused was not disseminated.

At the time of committing the instant crime, the Defendant was a juvenile with 15 years old thought and behavior, and at the present 16 years old, there is room for edification and improvement in light of the fact that the Defendant had no criminal record or juvenile protective disposition prior to committing the instant crime.

The mother of the defendant who wanted to be the wife of the defendant seems to have experienced considerable advanced growth until he gives birth to and raises the defendant as a North Korean citizen and settle in Korea.

The Defendant sent a difficult growth engine at home in the foregoing alone, and is receiving treatment as the “compactivity and failure to exercise caution.”

C. In full view of the following circumstances: (a) there is no change in the sentencing conditions compared with the original judgment as the new sentencing data was not submitted in the trial; and (b) the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, background, family relationship, circumstances after the crime, etc., the lower court’s sentencing is too un

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is in accordance with Article 364(4) of the Criminal Procedure Act.

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