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(영문) 서울고등법원 2019.05.03 2019노464
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The court below dismissed the prosecutor's request regarding the case of the request for attachment order, and only the defendant filed an appeal. Notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit to appeal, the court below excluded the person from the appeal.

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred years of imprisonment) is too unreasonable.

3. The Defendant was in de facto marital relationship with the victim while living together with the victim’s mother.

Nevertheless, the crime of rape and attempted rape, similarity, and indecent act by compulsion against the victim who is merely a juvenile of 14 to 15 years of age is very poor and anti-humanistice, as stated in the facts of the crime in the judgment.

The victim seems to have suffered serious physical and mental pain due to the crime of this case in the age to form sexual values, and it is difficult for the victim and his family members to recover for a considerable period of time.

Considering this point, it is necessary for the defendant to make a strict punishment corresponding to the responsibility for the crime.

However, it is favorable to the defendant, such as the fact that the defendant has recognized all of the crimes from the beginning and misunderstanding in depth, the defendant is a primary offender who has no record of criminal punishment, and that the defendant has been responsible for the livelihood of family members, including the parent of the defendant residing in China and the victim of North Korean defectors, and that the defendant has paid a considerable amount of money to the victim, and agreed with the defendant's birth, the victim, and the victim's mother, and expressed his intention that the victim does not want the punishment for the defendant.

The age, character and conduct, environment, motive, means and result of the crime, circumstances before and after the crime, etc.

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