(영문) 부산고등법원 2018.02.08 2017노638 | 리걸엔진

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(영문) 부산고등법원 2018.02.08 2017노638

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the respondent for the attachment order (hereinafter "defendant") ordered by the court below to the defendant and the respondent for the attachment order (hereinafter "defendant") are too unreasonable.

2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, despite the risk of re-afusing sexual crimes against the Defendant.

2. Determination

A. The part of the case of the defendant was examined, and the circumstances favorable to the defendant, which were shown in the trial proceedings of the court below and the court below (the defendant confessioned all of the crimes of this case from the investigative agency to the trial of the party, and his mistake is divided in depth.

The fact that the crime of rape of a minor in the judgment below is stated, the crime of rape of the minor in the judgment below is committed against the attempted crime, the defendant's primary crime without any previous conviction prior to each of the crimes in this case, the fact that the social relation between the defendant and the defendant seems clear) and the circumstances unfavorable to the defendant (each of the crimes against the victim D in the judgment below that the defendant knew of the victim D with the age of 10 years old through so-called so-called "C", a so-called so-called harding app "C", in the circumstances as stated in paragraph 2-A of the crime in the judgment of the court below, and the above crime No. 2-A of the above crime 2-A of the crime in this case after only the victim D met and stored the body of the defendant, such as the victim D's face and exposed chest, and the sound part, etc., as described in the above paragraph 2-B of the crime in this case, he tried to have sexual intercourse with the victim as described in paragraph 2-B of the above crime.

The crime is committed by intimidation, such as described in the subsection, and the context, content, means, and method of the crime.

유사 판례

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