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(영문) 부산고등법원 2014.05.01 2014노22
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

80 hours per the defendant.

Reasons

1. The summary of the grounds for appeal (the imprisonment with prison labor for a maximum of four years, the imprisonment for a short of three years, and the imprisonment for a sexual assault treatment program 80 hours) that the court below made is too unreasonable;

(3) The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact of deceptive means, etc.) among the crimes of this case, among the crimes of this case, the crime of this case was committed by the defendant on the date of trial. 2. The crime of injury to the victim P was committed by force of the victim, and the crime of injury to the victim was committed by the victim without any reason, and the victim's face and chest was committed in a mixed state. The crime of violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) also committed an act of assaulting the victim, which is a dangerous object, without any justifiable reason, and committed an act of assaulting the victim, such as breaking the stone, which is a dangerous object, toward the victim. The remaining crime of injury to the victimJ and obstruction of the performance of official duties also committed a false act.

In light of the details and motive of each crime, such as violence or interference with police officers' legitimate performance of official duties, etc., in light of the background and motive of the crime, the attitude of the crime, the degree of injury suffered by the victims, etc., it is evident that the victim was extremely highly mentally and physically shocked due to the sexual crime of this case, and since the victim P was in an unidentified state due to the victim's assault, it is obvious that the victim P was hospitalized and was hospitalized until now, the victim P did not completely recover from damage.

On the other hand, when the defendant was in a trial, he was aware of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) and against his wrong. The defendant is currently 18 years of age and 16 years of age at the time of each of the crimes in this case.

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