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(영문) 대구고등법원 2015.08.20 2015노208
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is too unhued and unreasonable.

B) Although it cannot be deemed that there are special circumstances to prevent the disclosure or notification of personal information of a criminal defendant who was unjustly exempted from disclosure or notification order, it is improper for the lower court to exempt the criminal defendant from disclosure or notification order of personal information. 2) Although the criminal defendant’s request for attachment order is likely to recommit sexual crimes, the lower court’s dismissal of the defendant

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there is no record of criminal punishment except for a fine once due to the crime of this kind, the Defendant voluntarily surrenders to the investigation agency, and the Defendant was committed from the original court to the trial, and the Defendant was committed with the intention of committing the crime and committed a mistake favorable to the Defendant.

그러나 이 사건 범행은 피고인이 동거녀의 종손녀(從孫女)인 만 15세의 피해자가 방학을 맞이하여 자신의 집으로 놀러오자 동거녀가 집을 비운 틈을 타 피해자를 위력으로써 간음한 것으로서 그 범행의 내용과 수법에 비추어 죄질이 매우 나쁘다.

At the time when the sound sexual identity and values should be formed, the victim seems to feel a huge shock and sexual humiliation due to the above crime.

Nevertheless, the victim's damage has not been recovered at all, and the victim and the victim's mother wanted to punish the defendant.

In addition to these circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the recommended sentence according to the sentencing guidelines.

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