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(영문) 서울고등법원(춘천) 2020.12.23 2020노134
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of two years.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (a long-term three years of imprisonment and a short-term two years and six months of imprisonment) is deemed to be too untile and unfair.

B. The lower court’s punishment is too unreasonable.

2. The crime of this case is deemed to have been raped by the defendant several times for more than two years after securing the photograph taken by the victim who was a child or juvenile, or by threatening the victim to know about the relation with the defendant. In light of the fact that the contents and methods of the crime are considerably virtual and considerable number of crimes, the legislative purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is to strictly punish persons who have sexual acts against the child or juvenile, thereby protecting the child or juvenile from sexual abuse or exploitation, taking responsibility for them, and raising them to healthy members of society. Thus, it is necessary to strictly punish the defendant who has raped the victim using personal information, etc. of the victim who was a child or juvenile, such as personal information, etc., as the crime of this case, and it seems that sexual humiliation and mental shock of the victim at the time when the crime of this case was committed, and that the victim had suffered considerable mental distress during the examination process of the witness, which appears to have been suffered by the victim due to considerable mental harm to the victim.

On the other hand, the defendant denied some of the crimes.

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