(영문) 대구고등법원 2021.03.24 2020노547 | 리걸엔진

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(영문) 대구고등법원 2021.03.24 2020노547

미성년자의제강간

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3.Provided, That this judgment has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) It is improper for the lower court to exempt the Defendant, who is in danger of recidivism, from issuing an order to disclose or notify personal information.

3) The lower court’s improper order that the Defendant placed employment restrictions for a period of three years is too short and unfair.

2. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is deemed to have committed two-time sexual intercourses with the victim who is a minor under the age of 12, and thus, its nature is not good.

However, even though the defendant denied the crime of this case until the court below, the court recognized all the crimes and divided his mistake in depth.

The defendant is aware of the crime of this case through open hosting with the victim, and the defendant is able to communicate with him/her, and he/she committed the crime of this case, and it does not seem that he/she exercised the tangible power or superior position of the victim in committing the crime.

The Defendant had no record of criminal punishment prior to the instant case, and the Defendant was also the age of 17 years old at the time of committing the crime.

In this court, the defendant does not want the punishment of the defendant on the part of the victim by mutual consent with the victim and his/her guardian.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed unfair because it is too unreasonable compared to its liability.

Therefore, the prosecutor's argument that the defendant's improper argument of sentencing is reasonable, and that the defendant's punishment is unfair because the court below's punishment is too unfortunate.

3. Thus, the defendant's appeal is correct.

유사 판례

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