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(영문) 서울고등법원 2018.05.17 2017노3176
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the amount of the punishment imposed by the court below (the period of the short-term two years, the long-term two years and six months, and the period of sexual assault treatment program 120 hours) is unreasonable because it is too large, and the prosecutor asserts that the amount of the punishment is too uneasible and the amount of the punishment is unfair.

2. While the Defendant was subject to a protective disposition for transfer of a long-term juvenile reformatory at the Seoul Family Court, there are frequent cases where conflicts with the students of the same heading room by committing acts that are not consistent with the religious status while living in the Seoul Juvenile Reformatory, however, upon entering the AC High School, the Defendant applied for on February 28, 2017 and immediately admitted on March 2, 2017.

However, the Defendant refused to comply with the disciplinary guidance of Nits and was subject to a suspension measure, and even after the expiration of the period, the Defendant was expelled from school as “59 days without permission” only for three months of admission.

In this process, the defendant's attachment (the mother had already left his school for a long time) did not move to the execution while the defendant retired from school and transferred his/her technology to him/her, and his/her grandparents did not properly guide and discipline the defendant.

Upon the expiration of the period on June 6, 2017, the Defendant had been subject to protection observation on conditions such as restrictions on outing at night after filing an application for a juvenile reformatory, and upon the completion of an order of restriction on outing at night, the Defendant immediately started to go out and drink at night, and after the commencement of the period, the Defendant her drinking on June 20, 2017, which was the day before the last attendance of the culture and arts education program at the protection observation center, and raped her juvenile on the following day.

Around that time, the victims were able to engage in various intellectual obstacles, but they were netly working to obtain cooking qualifications and to enter a specialized high school.

After the crime of this case was committed, the victim shall enter the house, and instead, at the house of another person trusted by himself.

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