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(영문) 서울고등법원 2014.08.14 2014노1249
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for a maximum of four years and by a short of two years and six months.

Each of the defendants is divided against the defendants.

Reasons

1. The summary of the grounds for appeal (along-term five years of imprisonment, and short-term three years) of the lower court’s sentence against the Defendants is too unreasonable.

2. The crime of this case was committed by the Defendants by intrusion upon the house of juvenile victim F, sexual intercourse with F by their own force, and committed a crime of larceny, assault, theft, stolen, acquisition of stolen goods, coercion, etc., or committing a crime of fire prevention against existing buildings throughout 11 times by force against the Defendants, which was committed by the J. The crime of this case is very poor in light of the contents of the crime, and the victim F was likely to have suffered considerable mental shock and suffering, and the victimJ appears to have suffered considerable mental suffering as well as physical and mental suffering, and the Defendants were each subject to juvenile protective disposition by committing a crime of attack or special larceny, etc., even before, and even during the probation period, they appear to have committed the crime of this case without complying with the direction of probation officers. In light of the fact that each of the crimes of this case is committed during the probation period, which corresponds to the Defendants.

However, the Defendants appeared to have committed the instant crime when they were in the trial, and the lower court agreed with the parents of the victim F, which led to the agreement with the parents of the victim F, and the father and the father of the victimJ were also smoothly agreed, and the Defendants’ parents were living separately, etc. It seems that the environment of growth was not good. The Defendants are likely to edification as juveniles under the age of 17, and the Defendants had no record of criminal punishment other than the juvenile protective disposition. In addition, there are other circumstances to consider the Defendants’ respective ages, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime.

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