(영문) 서울고등법원 2013.12.20 2013노3194 | 리걸엔진

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(영문) 서울고등법원 2013.12.20 2013노3194

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The 10-year attachment order period imposed by the court below against the defendant is too unfair.

2. Determination

A. Circumstances are favorable to the Defendant, such as the fact that the Defendant recognized a mistake on the assertion of unfair sentencing, recognized the Defendant’s depth and reflected in depth, the fact that the Defendant did not assault or threaten victims during the course of committing the crime, and did not have any tangible power exercised by the victims, the Defendant is working as an assistant nurse, a taxi driver, etc., supporting the old mother who suffers from urology and her rare disease called “cathodic catus” and the fact that the Defendant does not have any criminal record other than once before and after a fine due to a crime of fraud.

On the other hand, the crime of this case is highly poor in view of the method of crime and the degree of damage due to the defendant's sexual intercourse or indecent act committed by force over several occasions, especially the victim C and L are the friendship of the defendant, the victim C and C are the friendship of the defendant, the victim of this case seems to have experienced a big sense of sexual humiliation and mental suffering, the victim C and J wanted to punish the defendant, and the victim C and J expressed that they do not want punishment against the defendant separately in telephone conversations with the prosecutor's office (the investigation record 237 pages), and the victim stated that the defendant was punished for the defendant before the claim investigation (the investigation record 301 pages).

(five pages of the written investigation before the request). etc. are disadvantageous to the defendant.

In addition, the age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, and crimes.

유사 판례

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