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(영문) 서울고등법원 2017.10.20 2017노2236
아동ㆍ청소년의성보호에관한법률위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (seven years of imprisonment, etc.) on the part of the Defendant case is too unreasonable.

B. On the part of the case where the attachment order is applied, there is a damp wall of sexual crime against the defendant and the person who requested the attachment order (hereinafter “defendant”).

It is difficult to see that the defendant is likely to recommit a sexual crime.

Although it is difficult to see it, it is unreasonable for the court below to order the defendant to attach an electronic tracking device.

In addition, the period of attachment of the location tracking device (20 years) set by the court below (20 years) is too unreasonable.

2. Determination

A. Each of the crimes of this case as to the part of the defendant's case is to spread the above pictures, etc. on the Internet in the way that the defendant received the victim's balm photographs, etc. from the juvenile who had been sent through the cryp application.

Intimidation, rapes are made twice within the victim, and the nature of the crime was bad that the victim suffered from bodily injury, and the victim, who had not yet been able to have been able to have suffered considerable mental pain and sexual humiliation due to the instant crime, seems to have been committed, and the Defendant did not reach an agreement with the victim, etc. are disadvantageous to the Defendant.

On the other hand, the defendant recognized that all crimes have been committed in this court, and is against his mistake in depth, and the degree of injury suffered by the victim is very serious.

It can not be seen that the Defendant is the primary offender who has no record of criminal punishment, and family members, including the mother of the Defendant, want to leave the Defendant’s place and endeavor to improve the character and conduct of the Defendant.

The defendant still remains as 20 young people, and there is a room for her opening through a prison life.

The fact that it appears is favorable to the defendant.

In addition, sentencing, such as character and behavior, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, etc.

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