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(영문) 대전고등법원 (청주) 2014.06.26 2014노84
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s grounds for appeal (e.g., imprisonment with prison labor for a maximum of two years and six months, a short of two years, and a short of 80 hours) are too unreasonable.

B. The reasoning of the Prosecutor’s appeal (e.g., e., e., the lower court’s punishment is too unfluent and unreasonable

2. Determination:

A. The lower court ordered the Defendant to complete a sexual assault treatment program at least 80 hours, under the following circumstances: “The crime of this case was first committed on the apartment rooftop by the Defendant moving the victim, who was a juvenile living in full, and rape, and the nature of the crime is very bad; the victim appears to have been punished due to the crime of this case; the victim wants to punish the Defendant; and the Defendant did not have any record of criminal punishment except for a juvenile protective disposition under the Act on Special Cases Concerning the Settlement of Traffic Accidents as a juvenile under the age of 17 years; and the Defendant recognized and reflects his/her mistake, the lower court ordered the Defendant to complete the sexual assault treatment program as ordered in consideration of the overall sentencing factors indicated in the argument of this case, such as the Defendant’s age, character, character, intelligence and environment, motive, means and consequence of the crime; and the circumstances after the crime was committed.”

B. While the victim still wishes to punish the defendant, the court below's punishment seems to have been unduly unfair, considering the fact that the defendant deposited KRW 10 million for the victim after the decision of the court below was rendered, in light of its legal attitude, etc., the defendant is considered to have been divided in depth and seriously against his own mistake, and the parent of the defendant is also about the correction of the defendant well in the future. In full view of all the sentencing factors cited by the court below, the court below's punishment is too unreasonable.

C. Therefore, the defendant's ground of appeal is with merit and the prosecutor's ground of appeal is with merit.

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