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(영문) 광주고등법원 2014.10.16 2014노290
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this shall not apply.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence (three years of imprisonment) of the court below is too unreasonable for the person who requested to attach an attachment order (hereinafter referred to as the "defendant").

The sentence of the lower court on the Defendant case is too minor, and the seized EL branch phone (G2) mobile phone (G2) was used for the instant crime, but the lower court’s failure to sentence the forfeiture thereof is illegal, and it is also unreasonable to exempt the Defendant from the disclosure and notification order.

In light of the background and method of the crime, etc., it is improper for the court below to dismiss the defendant's request for an attachment order against three minors during this period, and in light of the circumstances and method of the crime, it is improper to dismiss the defendant's request for attachment order.

The judgment on the part of the defendant's case shall be examined together with the defendant's argument.

The range of recommendations on the sentencing guidelines [decision of types] the general criteria for sex offenses are sex offenses against juveniles of Type 2, which are subject to the crimes of rape (subject to more than 13 years of age).

(2) Although the Defendant committed the act of infringing on the body of the victims by using fingers, the Defendant’s act constitutes a constituent element and has already been reflected in the sentencing guidelines. As such, it does not constitute a tentative or variable infringement among the special multiple multiple multiple multiple multiple multiple multiples.

- The factors for mitigation: The range of mitigation of punishment [the range of recommendation], the range of imprisonment from three to five years [whether a sentence of imprisonment is suspended] - The major reasons for adverse consideration: planned crimes (invitation of victims): The major positive factors: the source of punishment not to be imposed - the general positive factors: there are no previous and no criminal records beyond the suspension of execution [the range of recommendation according to the guidelines for handling multiple crimes] imprisonment for not less than three years.

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