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(영문) 서울고등법원 2016.07.12 2016노476
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

All of the appeals by prosecutors are dismissed.

Reasons

The penalty (two years and six months of imprisonment and four years of suspended execution) sentenced by the court below to the defendant and the requester for the observation order to protect the defendant (hereinafter referred to as the "defendant") on the summary of the grounds of appeal is unreasonable because it is too unfasible.

It is unfair that the court below exempted the defendant from an order to disclose or notify personal information in light of the seriousness, nature, risk of recidivism, etc. of unfair cases of exemption from disclosure or notification order.

It is unreasonable that the court below dismissed the request for an order to observe the protection of this case in light of the seriousness of the case in which the request for order to observe the protection is filed, the nature of the crime,

Judgment

The crime of this case against the defendant's unfair argument on the sentencing of the crime of this case was committed by hearing the horses that the defendant was aware of through the mobile phone hosting, and "the victim was sexually abused from the co-defendant G of the court below" from the victim who was living together with the victim, and tried to rape the victim while talking with the victim, and in light of the circumstances and contents of the crime, the crime is heavy in the light of the fact that the crime was committed, and the defendant was committed against the defendant's trust received from the victim by giving the victim with the victim a sense of sexual humiliation through the mobile phone hosting or by allowing the victim to give the victim a advice, as well as the fact that the victim had already suffered a considerable physical or mental distress during the crime of this case. The victim seems to have suffered a considerable physical or mental distress due to the crime of this case.

On the other hand, the crime of this case is committed in attempted crimes, the defendant recognized the crime of this case and repented in depth, the defendant appears to have committed the crime of this case with a little drinking, and it seems that the defendant made considerable efforts to recover damage by obtaining a loan and trying to recover damage, and the defendant is punished as a sexual crime or a fine exceeding the fine.

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