(영문) 서울고등법원 2019.02.12 2018노2533 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2019.02.12 2018노2533

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The lower court’s scope of trial in this Court dismissed the prosecution against the Defendant regarding intimidation, and sentenced the Defendant to a conviction on the remainder of the facts charged. The only Defendant appealed on the conviction, and the prosecutor’s appeal on the dismissal of the public prosecution as to the dismissal of the above public prosecution was not appealed and confirmed as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The sentencing of the lower court is too inappropriate.

3. The crime of this case requires strict punishment against the defendant, considering the following facts: (a) the defendant was raped by threatening the victim C (a juvenile), who is a juvenile to spread the motion picture transmitted as above by threatening the victim to spread the victim's identity; (b) the defendant was aware of considerable mental impulses and conditions to the victims ageed by the crime of this case; and (c) the defendant knew of considerable mental impulses and conditions to the victims ageed by the crime of this case.

However, considering the fact that the defendant entirely recognized the crime of this case as a whole, divided and reflected his mistake, that there is no criminal history against the defendant, that there is no criminal history against the defendant, that the defendant agreed with the victim K,O, and P at the original trial, and that the above victims do not want the punishment of the defendant in the trial, and that the above victims do not want the punishment of the defendant in the trial after the agreement with the victim C (tentative name). Other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court

4. Conclusion.

유사 판례

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