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(영문) 부산고등법원 2015.10.07 2015노240
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the sentence imposed by the lower court (a long-term three years of imprisonment and a short-term two years of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant on the part of the unfair sentencing case is too unfasible and unfair.2) The lower court’s dismissal of the Defendant’s request for an attachment order even though the Defendant’s request for an attachment order is likely to recommit a

2. The judgment of the prosecuted case (the defendant and the prosecutor's assertion of unfair sentencing) is that the defendant has sexual intercourse with the victim C, F, who is a young juvenile, and deceiving the victim J and K, and acquired money from them. In particular, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) was first committed by the victims on the day of the crime, and the victims committed rape against the victim C again at least three days after the rape with the victim C, and the crime was committed again at least three days after the rape with the victim C; the method and content of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape); the crime was committed; the victims complained of serious mental suffering; the victims did not completely recover from the victims; the defendant had already received the same protective disposition from May 2013 to November 2014; and the risk of recidivism should also be considered as lacking compliance with each of the crimes of this case; thus, it is also necessary to punish the defendant more seriously.

However, the defendant is a juvenile under 17 years of age who has not yet established a proper sexual concept and values, and the defendant recognized the entire crime of this case, and reflects his mistake, and other ages, careers, character and behavior, environment, motive and circumstances of the crime, and crimes.

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