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(영문) 광주고등법원 2015.02.05 2014노501
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the lower court’s imprisonment (five years of imprisonment) with prison labor for the person subject to the request for attachment order (hereinafter referred to as the Defendant only) is deemed to be too unhued and unfair.

Judgment

The Defendant’s judgment on the assertion of unfair sentencing is highly likely to commit the instant crime, such as: (a) the Defendant was sentenced to imprisonment with prison labor by committing a sexual intercourse with a female juvenile under the influence of 16 years of age who was under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of having been under the influence of sexual intercourse with a female juvenile under several similar methods; and (b) the method of committing the instant crime, the subject of the relevant crime, and the details of the relevant crime; and (c) the victim D appears to have suffered considerable mental shock by committing the instant crime, such as having been under the influence of increasing stress disorder after the instant case as a female juvenile with intellectual disability 3, and living at the shelter, and even though several times of punishment for the larceny, the Defendant has been under the influence of punishing the victim under the same kind of law; and (d) the victim has not been released from several repeated offenses.

On the other hand, the victim D's degree of injury, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant suffered from depression, etc. seems to have caused the crime of this case, and the defendant ordered the attachment of an electronic device for 20 years, and it seems that the risk of recidivism would be reduced by completing sexual assault treatment programs for 80 hours during that period, and there are various kinds of circumstances such as the defendant's age, character and behavior, environment

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