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(영문) 서울고등법원 2018.04.12 2017노3393
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. The crime of this case in consideration of the following facts: (a) the defendant taken the place of sexual intercourse with female-friendly job offering victim D against his will and prevented the defendant from committing the crime of sexual intercourse with the victim E and F, etc. using it; (b) the crime of this case was committed continuously with similar contents; and (c) the crime of this case was not proper; and (d) the defendant committed the crime of this case with considerable mental suffering and suffering against the victims ageed by the crime of this case, it is necessary to strictly punish the defendant.

However, all of the crimes of this case are led to the confession of the defendant, the mistake of the defendant is divided and reflected, and the defendant is the first offender who had no record of crime prior to this time as a juvenile at that time, and the victims do not want the punishment of the defendant by agreement with the victims, and the defendant's relatives and relatives are leading to the proper growth of the defendant's wife by wanting the defendant's wife.

The fact that there is no change in the conditions of sentencing compared to the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, conditions for sentencing specified in the instant argument, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s aforementioned assertion is without merit.

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

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