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(영문) 부산고등법원 (창원) 2020.04.01 2019노292
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

(b).

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (a long-term three years and six months of imprisonment, a short-term three years of imprisonment, etc.) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (a maximum of three years of imprisonment, a short of two years and six months of imprisonment) is too unreasonable.

C. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. Each of the instant crimes with respect to Defendant A is an unfavorable circumstance against Defendant A, such as the following: (a) the victim under the age of 17 years was sexual intercourse with the victim, taking advantage of the victim’s in a state of mental disorder or inability to resist due to alcohol; (b) the criminal liability is very heavy; and (c) the victim appears to have suffered severe sexual humiliation and suffered emotional distress due to each of the instant crimes committed by Defendant A.

On the other hand, when Defendant A was in the trial, all of the crimes of this case are recognized and erroneous, and Defendant A was an initial offender who had no criminal power before committing each of the crimes of this case as a juvenile of 17 years old at the time of the crime of this case, and Defendant A reached an agreement with the victim and his parents.

In full view of the above circumstances and other factors, including Defendant A’s age, character and conduct, environment, family relationship, circumstances after the crime, and all of the sentencing conditions as shown in the instant pleadings, it is difficult to deem the lower court’s sentence to be unfair merely because it is too unreasonable for the lower court to have imposed on Defendant A to be too unreasonable.

Therefore, Defendant A’s assertion of unfair sentencing is reasonable and the prosecutor’s assertion of unfair sentencing is without merit.

B. The crime of this case against Defendant B is highly serious since it committed rape even though Defendant B knew that Defendant B had sexual intercourse with Defendant A, who was 17 years old.

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