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(영문) 서울고등법원 2016.06.02 2016노993
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The crime of this case committed by the Defendant with a view to engaging in commercial sex acts through smartphone-rating, despite the fact that the Defendant was aware that the injured party was a juvenile, the victim was moving into his house and committing rape, and the nature of the crime is very bad.

The victim did not take any measures to recover the damage, and the victim is punished for the defendant.

However, when the injured party becomes aware that he was a juvenile, the injured party has made efforts to return the injured party to the mother of the injured party, but the injured party takes the house of the accused and takes it back to the mother of the injured party on the wind that the injured party refuses to do so.

The Defendant, who was recognized by an investigative agency to commit the instant crime from the perspective of this Act, is in profoundly against his/her own mistake.

Defendant has no record of punishment for the same kind of crime.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc., all of the sentencing conditions and the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee, etc., it cannot be said that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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