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(영문) 서울고등법원 2020.02.06 2019노2189
간음유인
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

1. The summary of the grounds for appeal is deemed improper that the sentence of the original instance (one year and six months of imprisonment with prison labor and three years of suspended execution, etc.) is too unhued;

2. The Defendant’s judgment was contrary to the recognition of the instant crime when the Defendant was in the trial.

The defendant returned the target juvenile to his/her own, and there was the consent of the juvenile himself/herself with mental capacity.

(The factors to reduce the sentencing criteria). The parents of the defendant are leading the defendant.

However, the Defendant: (a) had access to a female 14 years old who was physically and mentally aestheticly well-known, with a view to sexual intercourse with a female 14 years old and female 14 years old; (b) had access to the juvenile’s age and appearance, and sent his/her photograph to another male boys with good birth; and (c) had allowed the juvenile to use and stimulate his/her desire for sexual intercourse and sexual self-defense; and (d) had led him/her to his/her residence.

(The target of attracting sexual intercourse is not an adult but a minor and its age is 14 years of age). Although it was not recognized as a threat of sexual intercourse or rape, the purpose of sexual intercourse has been achieved several times.

The crime of this case is very bad in light of the relationship between the defendant and the victim, the age of the victim, the method and consequence of the crime.

In the future, the crime of this case may be adversely affected by the process of creating personality and personal relations, including sexual values, by juveniles.

The Defendant was sentenced to a suspended sentence of four years on September 4, 2014, on the grounds of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), etc., by committing indecent act by force by seeking students from among women of 14 years of age, and committing rape.

In addition, the Defendant had sexual intercourse with a female juvenile under 17 years of age in August 2018, and was investigated on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and was suspected on November 22, 2018.

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