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(영문) 서울고등법원 2018.02.09 2017노3665
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: 3 years and 6 months of imprisonment with prison labor for a maximum term; 3 years of short term; 4 years of suspended sentence of imprisonment with prison labor for a term of 3 years; 3 years and 6 months of imprisonment) is too unreasonable.

B. Each sentence imposed on Defendant A and C by the Prosecutor is too unhued and unreasonable.

2. The judgment below held that the crime of this case is serious and is not good to the nature of the crime of this case; the victim who is a juvenile appears to have been subject to considerable mental shock; the defendant A and C are denied and not against the crime; and the victim wanted to punish the defendant; however, the victim has reached an agreement with the defendant B after the conclusion of the argument of the court below. The victim has been subject to juvenile protection dispositions several times, and the defendant C has committed the crime of this case during the suspension of execution and protection observation period, etc. under the circumstances unfavorable to the defendants; the defendant B has led to confession and reflect against the crime; there has been no record of criminal punishment; the defendant A and B have not yet been subject to criminal punishment; the defendant C has no record of criminal punishment for the same kind of crime or suspended execution; and the defendant C has no record of criminal punishment exceeding the same criminal punishment, the defendant C has been sentenced to imprisonment with prison labor for a maximum period of three years and six years for a short term of three years and three years for a suspended execution of imprisonment with prison labor for the defendant of this case.

In addition, taking into account the various sentencing conditions revealed in the proceedings of the instant case, such as the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, etc., even if considering the circumstances where Defendant A and C have led to the confession of all the crimes and against their mistake in the trial of the lower court, the sentencing of the lower court is too heavy or too low and thus, cannot be deemed unfair.

Defendants and the prosecutor respectively.

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