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(영문) 광주고등법원 2015.01.08 2014노420
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (three years of imprisonment) is too unhued and unreasonable.

Judgment

The defendant did not reflect the past record of juvenile protective disposition that has been received several times, but did not reflect the victim D who was a juvenile, and had sexual intercourse twice through force with the victim I and D, assaulted the victim I and D, who was a juvenile, and took money by threatening the victim's M as well as taking money by threateninging the victim's M as a juvenile, and also used the card that stolen and stolen the victim's wall wall while under the influence of alcohol together with his/her friendships. It is an unfavorable circumstance that the crime is not good.

However, in light of the fact that there is no record of criminal punishment for the Defendant, and there is no record of being subject to juvenile protective disposition prior to the crime of this case, and that the Defendant still appears to have a possibility of edification and improvement at the young age of 20 years, and that considering all of the sentencing conditions specified in the arguments of this case, such as the character and conduct of the Defendant, the environment, motive for the crime, and circumstances after the crime, the lower court sentenced the lower court to a sentence lower than the lower limit of the recommended sentence based on the sentencing guidelines, but it cannot be said that the Defendant

In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25 of the Rules on Criminal Procedure, Article 334 (1) and (2) of the Criminal Act shall be amended to "Article 331 (2) and (1) of the Criminal Act" in the column of application of Article 6 of the decision of the court below.

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