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(영문) 부산고등법원 2015.08.12 2015노337
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence of the court below's sentence against the defendant (three years of imprisonment) is too unreasonable.

Therefore, even when considering the favorable circumstances for the defendant, such as the confession of each of the crimes in this case to the young age of 20, and the fact that the defendant had no power to commit any sexual crime, each of the crimes in this case is considered as follows: (a) each of the crimes in this case was committed by the defendant; (b) the defendant embezzled the cell phone, which is occupied by the defendant; (c) stolen the cell phone; and (d) assisted the transfer of stolen cell phone; and (e) by force, commits an indecent act against the victim D, who is a female juvenile, by committing an indecent act against the victim 19 years of age; (d) rape the victim K, who is a female juvenile under the age of 19; and (e) obtained three cell phone units of the victim K with the punishment of 2.4 million won; (e) the victim D and K seem to have caused considerable humiliation and mental shock due to the indecent act in this case and rape; (e) the victim D and K did not agree with the victim and the defendant; and (e) the sentencing guidelines established and discretionary power of the Committee are too beyond the sentencing guidelines.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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