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(영문) 부산고등법원 (창원) 2015.09.16 2015노210
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

80 hours per the defendant.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. The criminal facts of this case and the criminal facts of this case recognized by the evidence, the evidence, the rules of evidence, and the legal principles (in full view of the evidence duly adopted and investigated by the original trial, evidence law, the defendant's existence of facts of indecent act or intentional indecent act, and the state of mental disorder caused by drinking is difficult to be recognized) are recognized as disadvantageous sentencing factors or objective and neutral sentencing factors such as: (a) the defendant, using the economic and psychological difficulties of the runaways, etc. of the runaways, has the right of the victims to sing, making soup, making soup, and singing, singing, singing, singing, and singing, and indecent act of indecent act by force; (b) the defendant has a social duty to protect or properly guide the juveniles as adults; (c) the victims have lost the opportunity to return to normal life, and thus, there was a possibility that the victims might be exposed to various risks by continuing deviating act.

However, more favorable sentencing factors or objective and neutral sentencing factors are also recognized, such as the fact that the defendant has no criminal records except for those sentenced to a fine due to drinking driving in 2008, that the defendant agreed with the victims after the sentence of the judgment of the court below, that the defendant's entire criminal acts in this case are recognized in the trial, and that the degree of each indecent act in this case is relatively weak.

The above factors of sentencing, sentencing guidelines, and statutory punishment for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) due to serious indecent acts by compulsion of juveniles (limited to imprisonment of one year or more, and fines of five million or more, but not less than 20 million won), the defendant's age, character and conduct, intelligence and environment, and the motive and background leading to each of the crimes in this case.

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