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(영문) 대구고등법원 2015.04.30 2014노694
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

3. However, this judgment.

Reasons

1. The lower court rendered a judgment of conviction against the Defendant regarding the part regarding the Defendant’s case and dismissed the prosecutor’s request regarding the part regarding the case regarding the attachment order claim.

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

2. The summary of the reasons for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

3. Each of the instant crimes committed by the Defendant, who is a student, repeatedly makes indecent acts by taking the victim’s body pictures as the object of resolving his/her sexual desire, while photographing the victim’s body pictures, and thereby makes similarity by means of intimidation. The nature of the crime is bad, and the body of the victim’s mind is difficult to be easily cured in the future. Therefore, the Defendant’s responsibility is not weak in that it is difficult for the victim to easily recover in the future.

On the other hand, however, the defendant has the following positive factors for sentencing.

At the time of each of the crimes in this case, the Defendant was also the age in which the sexual identity and values have not been properly established.

Before committing the instant crime, the Defendant, who had no record of criminal punishment before committing the instant crime, shows an attitude of seriously against the Defendant’s wrongness. Based on such attitude, the Defendant sought a letter from the victim to express his/her intent that the victim does not want to be punished, and the Defendant wanted to have his/her preference against the Defendant.

After the Defendant committed the instant crime, the Defendant was committed to enter the university, and was able to protect and guide the Defendant’s family members so that the Defendant can grow up to be a correct member of society without reoffending.

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