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(영문) 서울고등법원 2013.11.01 2013노2690
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 3 years for completion of sexual assault treatment programs, 40 hours for disclosure of information and 4 years for notification) of the Defendant is too unreasonable.

2. The instant crime was committed against a female juvenile who is merely 17 years of age by the Defendant’s force, and the nature of the crime is not good, and the Defendant is punished by a fine due to a violation of the Road Traffic Act, a violation of the Act on the Regulation of Amusement Businesses Affecting Public Morals, a violation of the Military Service Act, a violation of the Military Service

On the other hand, there are no criminal records or criminal records of sexual assault crime against the defendant, the defendant seems to have recognized and reflected his/her mistake when he/she was in the trial, and the defendant does not want the punishment of the defendant in the trial of the defendant by agreement with the victim.

In addition, considering the following factors: the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the scope of recommended sentences [decision of types] according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court (subject to the age of 13) by blood relatives; rape / special rape / special rape (subject to the age of 13) (subject to the age of 13) by blood relatives; (ii) by using deceptive means and force other than assault and intimidation (subject to the type 2); and (iii) non-permanent mitigation area of punishment (subject to the decision of the recommended area); and (iv) special mitigation area / [the scope of recommendation] 2 years to 6 months to 5 years (limited to the lower limit of the punishment) (subject to the suspension of execution of sentence] / The sentence against the defendant is unreasonable by taking account of the following factors: the defendant's refusal of punishment; and (iii) the case of using deceptive means and force other than assault and intimidation (subject to the age of 13).

Therefore, the defendant's assertion is justified and acceptable.

3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.

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