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(영문) 서울고등법원 2013.12.27 2013노3074
미성년자의제강간등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment, 80 hours completing sexual assault treatment programs, disclosure of information, and 5 years respectively) of the lower court’s sentence (e.g., a three-year imprisonment, 80 hours completing sexual assault treatment programs, and 5-year notice) against the Defendant and the person against whom

2. Determination

A. As the Defendant’s judgment on the part of the Defendant’s instant case belongs to 15 years of age on the Internet “C” page, and became aware of the victim’s coming home while holding the Defendant and holding the Defendant, the victim was sexual intercourse and indecently committed several times by moving the victim into his/her residence, and the victim’s age is merely 12 years of age, and the Defendant was punished for larceny, etc., other than the instant crime, is disadvantageous to the Defendant.

On the other hand, at the time of each of the crimes in this case, the fact that the defendant did not exercise assault or intimidation, that the defendant did not have been sentenced to past conviction or punishment, that the father and the mother of the defendant who was divorced from the defendant due to domestic violence, etc., and that the mother of the defendant who did not raise his children such as the defendant, etc. was able to lead the defendant with the mind of committing the crime against the victim and his family, and that the defendant want to take the lead for the defendant

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., various conditions of sentencing according to the sentencing guidelines set by the Sentencing Commission, and the basic area of deemed rape [a decision on the recommended field] in the case of sex crimes subject to the age of 13, the scope of recommendations according to the sentencing guidelines set by the Sentencing Commission (a decision on the type of sex crimes] [a decision on the recommended field] and the basic area of the punishment [a decision on the recommended field] [a decision on the recommended field]] two years to six months and five years, multiple crimes (a/3 of the maximum limit of crimes No. 2 crime No. 1/2 of the maximum crime No. 2 crime No. 1/3): The sentence of the court below against the defendant is too unreasonable.

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