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(영문) 부산고등법원 2016.01.28 2015노737
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

Defendant

C The appeal by the Prosecutor and the appeal by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case by the prosecutor, the sentence imposed on the Defendants (for Defendant A: 4 years of suspended sentence of 3 years of imprisonment; 3 years of probation observation; 80 hours of lecture for sexual assault treatment; 3 years of suspended sentence of 2 years and June; 80 hours of lecture for sexual assault treatment; 80 hours of lecture for sexual assault treatment / Defendant C: imprisonment for 2 years and 6 months; and 80 hours of completion of sexual assault treatment programs) are too unfortunate, and it is unreasonable to exempt the Defendants from the disclosure order.

B. In light of the various sentencing conditions of Defendant C’s instant case, the above sentence that the lower court directed Defendant C to the Defendant C is too unreasonable.

2. Determination

A. Examining the various sentencing conditions in the instant case, Defendant A and B (hereinafter in this paragraph, referred to as “the Defendants,” and the Prosecutor’s Appeal”), the instant crime of quasi-rape was committed by the Defendants with the victim H, who is a juvenile under the age of 15, by using the victim’s in an impossible condition to resisting the influence of alcohol. In light of the details and details of the crime, relationship with the victim, and the victim’s age, etc., the crime’s nature and criminal intent are not easy; the victim H in the instant crime of quasi-rape appears to have suffered considerable sexual humiliation and mental impulse; and Defendant A committed the crime of fraud and larceny other than the instant quasi-rape, which is disadvantageous to the said Defendants.

On the other hand, the defendants divided their mistakes and reflect their depth in depth. In particular, the defendants agreed with the victim H of the crime of quasi-rape so that they do not want to punish the defendants, and the defendant A agreed that the victims of the crime of fraud were returned to the victims of the crime of fraud, there was no record of punishment heavier than the fine, and there was no record of sexual violence committed by the defendants.

As above, the Defendants are the defendants.

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