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(영문) 서울고등법원 2016.06.28 2016노693
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The punishment sentenced by the court below against the defendant (two years and six months of imprisonment) is too unreasonable in light of the summary of the reasons for appeal.

It is unfair for the court below to issue an order to disclose or notify personal information to the defendant, even though there are special circumstances that the defendant should not disclose or notify the disclosure of personal information.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The Defendant, prior to the instant case, did not have any record of crime other than that subject to juvenile protective disposition several times as a type of crime. The fact that at the time of the instant crime, the Defendant became an adult of 19 years old at the time of the instant crime, and was unable to fully mature due to personality and emotional distress, and that the Defendant recognized the instant crime and divided his mistake later is favorable to the Defendant.

On the other hand, the Defendant committed the instant crime during the period of protection observation even after being subject to juvenile protective disposition due to special larceny, etc., and the instant crime committed by the Defendant committed an indecent act by force against the victim and rape on the next day is very heavy, and the crime of this case appears to have suffered considerable physical and mental pain due to the instant crime, and the fact that the victim was expected to have suffered considerable physical and mental pain, and that the victim has not yet received any doubt from the victim is disadvantageous to the Defendant.

In addition, the above circumstances, including the defendant's age, sexual conduct, environment, motive for committing a crime, means, and result, various sentencing factors as shown in the argument in the instant case, and the first crime (sex crime) of the sentencing guidelines set by the Supreme Court Sentencing Commission (two years to six years), which are set forth in the sentencing guidelines set by the Supreme Court Sentencing Commission / [the scope of recommendations] general criteria for rape (the scope of punishment recommended by 13 years or more). The second crime (sexual crime) of which there is no basic area (two years to six years or five years) (the person subject to special sentencing) of the first type (two years to five years) (the person subject to special sentencing) in the basic area of the crime of rape (the scope of recommendation] (the scope of punishment recommended].

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