(영문) 서울고등법원 2018.05.24 2017노3274 | 리걸엔진

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(영문) 서울고등법원 2018.05.24 2017노3274

아동ㆍ청소년의성보호에관한법률위반(강요행위등)

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The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E Imprisonment with labor for a short term of one year and six months, a long term of two years.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed on the Defendants (Defendant B: 1 year and six months of imprisonment, 3 years of suspended sentence, 3 years of suspended sentence, 2 years of suspended sentence, 3 years of suspended sentence, 3 years of suspended sentence, 40 hours of imprisonment, and 160 hours of community service) is too unfford and thus the amount of each sentence is unreasonable.

2. Determination

A. As to Defendant B and C, Defendant C belonged to the victim I who was a juvenile, and the joint Defendant B and the joint Defendant A and D of the lower court forced the victim to become the counter party to the act of purchasing the sex of the juvenile, and the victim frightened more than 50 times, the victim was the counter party to the said act, and the victim received part of the money, and frighted with the victim, and frighted the victim with his entertainment expenses, etc., and the victim did not commit such act.

There was assaulting the victim due to refusal.

Defendant

Since these crimes of C are disadvantageous to the nature of crime, considering the circumstances in which Defendant C is a juvenile and the court continues to submit a rebuttal to the court, it is necessary to sentence imprisonment to Defendant C for the edification of Defendant C.

However, the defendant C who had been detained and prosecuted but was released by a suspended sentence in the court below is still a juvenile, and the detention house life for the past six months is expressed as a branch house, and the defendant C does not engage in a criminal act again.

(2) the Corporation.

In addition, the parents of the defendant C will raise the defendant C well in the future by cultivating the families with their own change in the future.

Defendant C’s wife as well as Defendant C’s wife at this Court.

Considering these circumstances, the appellate court sentenced Defendant C to imprisonment with prison labor at the appellate court and re-detained Defendant C seems to be excessively harsh in light of the crime.

In addition, new sentencing data on Defendant B and C have not been submitted in the appellate court.

All the facts revealed at the public trial of this case.

유사 판례

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