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(영문) 서울고등법원 2015.08.25 2015노1794
미성년자의제유사강간
Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part on the Defendant’s case and the part on the case on which the attachment order was requested.

Notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal regarding the part of the claim for attachment order as the defendant appealed only, this part shall be excluded from the scope of the judgment of this court.

Summary of Grounds for Appeal

The punishment sentenced by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

It is unfair that the court below orders the defendant to disclose and notify the personal information of the defendant, even though there are special circumstances that the defendant should not disclose the personal information to the defendant, and the period is too too long.

Judgment

The defendant's confession of the crime of this case and his mistake are divided, and the fact that the defendant has no record of criminal punishment is favorable to the defendant.

However, among the crimes of this case, the crime of constructive rape of a minor and the crime of indecent act by compulsion of a minor's agenda among the crimes of this case is that the defendant prompts the victim's sexual organ and resistance against the victim (math and 9 years of age), putting his sexual organ into the victim's entrance, and inserting his sexual organ in the victim's resistance to the victim's resistance, and the crime is not very good. The defendant was investigated on July 4, 2014 by the police investigation on the violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (production, distribution, etc. of obscene materials) and committed the crime from August 15 to the 21th day of the same year, and committed the crime of constructive rape of a minor and each minor's constructive indecent act by compulsion of a minor, and that the defendant did not receive the bill from the victim of the crime.

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