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(영문) 서울고등법원 2015.11.20 2015노2604
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

(b) the defendant;

Reasons

Summary of Grounds for Appeal

The punishment (five years of imprisonment) imposed by the Defendant and the person against whom the attachment order was requested by the lower court (hereinafter referred to as “defendants”) on the Defendant and the person against whom the attachment order was requested is too unreasonable.

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

Despite the fact that the court below's dismissal of the defendant's request for attachment order of this case's location tracking device of this case is unfair, although the defendant's risk of recommitting sexual crimes is recognized.

Judgment

Each of the instant crimes committed on the part of the Defendant case is likely to be criticized because the Defendant intended to have sexual intercourse or sexual intercourse against the victim who is his or her relative life on two occasions in the same day.

Although the Defendant is expected to properly assist the victim in forming sexual identity and values properly, the Defendant committed each of the crimes of this case committed each of the instant crimes against the victim’s sexual desire, leaving such expectation.

Accordingly, the victim seems to have suffered from the mental shock and suffering which is difficult to cure.

However, the Defendant seems to have committed each of the crimes of this case under the influence of drinking alcohol while drinking, as a person who has reached the age of 19 and has reached the age of 19, experienced difficulties in shocking and decentralization.

For the first time, the defendant recognized all of the crimes of this case, and seriously reflects his fault, and the victim wanted to take the defendant's wife by mutual consent with the defendant.

그 밖에 피고인의 나이, 성행, 환경, 범행의 경위, 범행의 수단 및 결과, 범행 후의 정황 등 변론에 나타난 여러 양형의 조건들과 대법원 양형위원회 제정 양형기준의 권고형량 범위 ◇ 법률상...

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