(영문) 부산고등법원 2014.10.02 2014노405 | 리걸엔진

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(영문) 부산고등법원 2014.10.02 2014노405

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

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The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

Reasons

1. The summary of the grounds for appeal is that each punishment (the defendant A: imprisonment of one year and six months; imprisonment of 80 hours; imprisonment of 8 months; suspension of execution of 2 years; community service order of 80 hours; Defendant D: imprisonment of 8 months; suspension of execution of 2 years; imprisonment of 2 years; community service order of 40 hours; Defendant D: imprisonment of 8 months; suspension of execution of 2 years; community service order of 200 hours; and sexual assault therapy of 40 hours) declared by the court below is too unreasonable.

2. Determination

A. The crime of this case against Defendant A (hereinafter “Defendant”) is a situation unfavorable to the Defendant, such as the fact that the Defendant came to know through a smartphone display, and the fact that the Defendant committed an act of similarity by force while traveling to one’s own car while carrying the victim on board to make a sexual purchase from the victim of 15 years of age, and that the crime is inferior in light of the victim’s age, the circumstances leading up to the crime, etc., and that it is not good to the circumstances after the crime, such as changing the victim’s money promised even after the crime and raising the victim from the passenger car to the place of detention.

However, there are many circumstances favorable to the defendant, such as the fact that the facts of the crime were led to confessions and reflects in the trial, the decision of the court of first instance, and the fact that the victim did not want the punishment of the defendant, the defendant did not have any history of criminal punishment, and the fact that the victim was under the so-called “pro-called “pro-Nam” proposal from the victim through smartphone display, and there are circumstances that may be taken into account in the course of committing the crime of this case, and the fact that the defendant is currently engaged in his occupation and support his mother and female, and that there is possibility of edification improvement at the young age of 32 years old.

As such, all the arguments of this case, such as the circumstances unfavorable or favorable to the defendant, and the age, character and behavior, and environment of the defendant.

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