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(영문) 부산고등법원 2020.06.18 2020노104
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. The instant crime was committed by the Defendant, who was a Taekwondo criminal, and was in the family of the Defendant, and was sexual intercourse by force with the victim, a German female juvenile, who had been engaged in Taekwondo at the seal operated by the Defendant.

With regard to the crime of this case, the father of the victim who was the father of the defendant as well as the victim seems to have suffered a considerable amount of mental suffering.

up to the trial of the defendant, the defendant did not receive a letter from the victim, and did not recover from the victim.

Rather, the victim entered Germany for the instant judgment and appeared as a witness in the court of original trial and again stated the current situation of damage.

On the other hand, however, the defendant seems to have violated his own mistake by making a confession of all the crimes of this case in the last time in the judgment of the court, and there is no criminal record.

The degree of tangible force of the Defendant used in the course of the instant crime cannot be seen as serious.

The social ties between the defendant's spouse and the defendant's spouse seems to be clear, such as the defendant's spouse's blicking of the defendant's wife against the defendant, and there are the defendant's spouse and children who should support.

Considering the above circumstances as well as the overall conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence, etc., the sentence imposed by the lower court is acceptable as being within the appropriate scope of punishment according to the Defendant’s liability, and it seems that it is too heavy or unreasonable.

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