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(영문) 서울고등법원 2016.12.16 2016노3186
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (long-term three years of imprisonment, short-term two years of imprisonment) is too unreasonable.

Judgment

Each of the crimes of this case committed by the defendant is likely to be abused by threatening the victim to commit rape by using b body pictures and videos transmitted by the victim of 16 years old age or older at the time of being acquired through a hosting app, and then by threatening the victim.

It seems that the victims were suffering from mental pain and sexual humiliation.

However, it is difficult to see that the defendant has yet to establish the sexual concept and values as a high school student who is a juvenile of 18 years of age, and the criminal investigation agency recognizes each of the crimes of this case and seriously reflects his mistake.

Prior to each of the crimes in this case, the defendant has no record of being punished for a sex offense of the same kind, in addition to the one subjected to juvenile protective disposition once due to theft.

The defendant does not want the punishment of the defendant any longer in the victim's side by mutual consent with the victim for the first time in the trial.

In addition, in full view of all the sentencing conditions shown in the pleadings of the instant case, such as the character, conduct, environment, family relationship, motive of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

The defendant's ground of appeal is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with

Application of Statutes

1. Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

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