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(영문) 대구고등법원 2020.12.03 2020노385
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment defendant recognized the crime of this case and repented in depth.

It seems that the defendant was the first offender and the victim's photograph and video were not leaked to the outside.

It seems clear that there is a family to support the defendant, and that there is a social relation between the defendant and his family members.

However, the crime of this case was committed by force by the defendant's indecent act by force, and was transmitted by the victim after the victim took the body, the body, the body, etc. of the victim, the defendant taken the sexual organ or self-defense and transmitted it to the victim, and possession of a large number of children and juveniles obscene materials, and thus, it is highly likely that the crime of this case is not suitable for the nature of the crime.

As a result of the instant crime, the victims and their families are suffering from considerable mental impulses, and they seem to be suffering from apprehensions so far as the pictures and videos are not disseminated until now.

It seems that age victims had a significant negative impact on forming a sound sexual identity or values due to the instant crime.

Until the trial, the defendant has not received or reached an agreement from the victim or his family members.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too minor or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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