(영문) 부산고등법원 2020.07.23 2020노201 | 리걸엔진

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(영문) 부산고등법원 2020.07.23 2020노201

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal: Unfair sentencing

A. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

It is also unfair that the court below exempted the disclosure and notification order of personal information in consideration of the defendant's criminal law, behavior patterns, degree of damage, etc.

2. The crime of this case committed by the Defendant, who was a child or juvenile, had sexual intercourse with the victim by force by moving the victim's residence together with the victim, who was a child or juvenile, to his residence.

The lower court: (a) took into account the fact that the victim’s right to sexual self-determination was infringed; (b) the victim appears to have suffered sexual humiliation, fear, physical or mental suffering at the time of committing the crime; (c) the Defendant did not make any effort to recover damage; and denied the crime from the investigation stage to the court of the lower court; and (d) the Defendant mentioned the victim as “clum, snick, conditions fraud, etc.”; and (c) the Defendant did not directly exercise tangible power during the course of committing the crime; (d) the Defendant did not appear to have exercised physical power; and (e) the Defendant did not have any criminal history other than the juvenile protective disposition; and (e) determined the sentence against the Defendant

The victim was 17 years of age at the time of committing the crime.

In order to protect children and juveniles from sex offenses and to help them grow up as healthy members of society, punishment corresponding to the responsibility for such crimes is required.

The defendant did not receive a written application from the victim, and the victim is punished by the defendant.

However, the defendant led to the confession of the crime in the trial.

The defendant has no record of being punished for sexual crimes or sex crimes, and is a social first-year student who has yet to reach the age of 21.

. The judgment of the court below.

유사 판례

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