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(영문) 서울고등법원 2016.02.16 2015노3248
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and eight months, and a short term of one year and three months.

(b) the defendant;

Reasons

The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment for a maximum of two years and six months, the short of one year and six months) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The crime of this case was committed by inducing the victim, who was known at the hosting site, on the apartment rooftop of the apartment where the victim was living, and tried to commit rape after suppressing the victim's resistance and suppressing the victim's resistance, and the crime was not committed in light of the circumstances and the method of the crime. In particular, the Seoul Northern District Court on June 12, 2015 that "the defendant committed an indecent act by inducing the victim, who was 15 years of age or older at the hosting site, to the apartment where the victim was living in, and forced to commit an indecent act by inducing the victim, who was sexually similar to the victim, for the purpose of preventing the victim from reporting his sexual organ, and taken the chest off against the victim's will for the purpose of preventing the victim from reporting, without being aware of the crime, even though the victim was under juvenile protection judgment in Seoul Family Court, and without being aware of the fact that the defendant again committed the same crime of this case, which is highly likely to be criticized for the same kind of crime, etc., against the defendant.

On the other hand, the fact that the defendant is a juvenile under 18 years of age who has not yet established a proper sexual concept or values, that the defendant recognizes the crime of this case and repents his mistake in depth, that the crime of this case is committed with multiple attempts, that the victim does not want the punishment against the defendant by agreement with the victim, that the victim does not want the punishment against the defendant, and that the defendant's parents are leading to the defendant, etc. are favorable to the defendant.

The sentencing criteria are applicable as the Defendant did not reach the age of 19 at the time of the prosecution of this case, including the above circumstances and the character, conduct, environment, etc. of the Defendant.

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