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(영문) 서울고등법원 2017.01.10 2016노2608
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

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

Reasons

The sentence that the court below sentenced against the defendant and the person who requested the attachment order (hereinafter referred to as the "defendants") to whom the summary of the grounds for appeal is inappropriate is too unreasonable.

It is unfair that the court below ordered the disclosure or notification of the personal information of the defendant.

Part of the Prosecutor’s Case - The sentence sentenced by the lower court against the Defendant is too uneasible and unfair.

Since the Defendant’s claim for attachment order risks reoffending, it is unreasonable for the lower court to dismiss the claim for attachment order of this case.

Judgment

As to the argument of unfair sentencing in the part of the case of the defendant, the defendant has no record of the crime except for a fine imposed once for the violation of the Road Traffic Act. The crime of abuse of force in this case is attempted, the defendant does not want the punishment of the defendant in agreement with the victim, and the social relationship of the defendant is relatively clear.

On the other hand, the crime of this case is committed by the defendant, which is a juvenile, operated in a state of confinement with a child, and attempted to engage in sexual intercourse with a victim of crypous sexual intercourse by force, and the responsibility for the crime is very heavy. The crime of this case seems to have been committed by the victim of this case, with a considerable fear, sexual humiliation, and mental shock, is disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime in this case, and the crime of inducing minors according to the sentencing guidelines set by the Supreme Court's sentencing committee (the scope of recommended punishment for at least two years and six months), and the crime of inducing minors (the scope of recommended punishment) is limited to kidnapping, inducing, and trafficking.

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