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(영문) 서울고등법원 2014.12.04 2014노2697
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

B. The court below exempted the defendant from the disclosure order, but exempted the defendant from the disclosure order, and did not have any special reason to determine the disclosure of personal information against the defendant as well as the exemption from the disclosure order. Thus, the court below's order to disclose information to the defendant is unreasonable.

2. Determination

A. It is reasonable that the Defendant has no record of punishment more than the suspension of execution on the assertion of unfair sentencing, and there is a favorable condition for the Defendant, such as the fact that the Defendant both recognized and reflected each of the instant crimes.

However, each of the crimes of this case committed by the Defendant, who had lived with the mother of the victim, committed indecent acts by compulsion of the victim at home, and the nature of the crime is not good, and the victim seems to have suffered sexual humiliation by suffering from mental and physical shock and pain due to each of the above crimes, and the victim was punished, and other circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing guidelines set up by the Supreme Court Decision 201Da13489 decided May 2, 201, are considered.

(a) Basic crime: There is no person who has committed a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a decision on a type] [a decision on a type] and there is no three-year term of indecent act by compulsion [a person who has a special form of punishment] [a person who has a sexual crime under the age of 13] [a person who has a special form of punishment] 4-

(b) Concurrent crimes: The general standard for sex crimes (a decision on the type) shall be the indecent acts by blood or marriage, such as indecent acts by blood or by marriage, and by special indecent acts by compulsion (two types).

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