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(영문) 서울고등법원 2013.08.16 2013노1701
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

A certificate of the seized cell phone.

Reasons

1. Summary of grounds for appeal;

A. The sentence (two years of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Despite the absence of risk of re-offending by the Defendant, the lower court ordered the Defendant to attach an electronic tracking device for three years.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is one of the cases where the defendant forced the victims who are juveniles to make indecent act by force, photograph and transmit their sexual pictures to the victim, and the crime is very poor in light of the content and method of the crime, the defendant's act of indecent act against the above victims compared to the crime against other victims, such as prompt sexual organ of the victim E or prompting the above victims to sexual organ of the defendant, etc. The defendant has a significant degree of indecent act against the above victims; the defendant committed each crime of this case against many victims on several occasions without the awareness of separate crimes using personal trust between the victims and the victims, such as the victim's Neline and afterma, or driving school instructors and students; the defendant committed the crime of this case; it appears that the victims at the time when they should form a sound sexual identity due to the crime of this case; the defendant was also suffering from considerable psychological, emotional pain and confusions due to the crime of this case; and the defendant committed additional crimes against the victim and his parents against the victim E.

On the other hand, the defendant's mistake is recognized through the initial detention life and reflects the depth of the defendant, and the victim K, J, and I agreed with the victim's K, J, and I. The above victims did not want to be punished against the defendant. For the victim E, the amount of KRW 7 million equal to the amount of each agreement paid to the three victims.

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