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(영문) 부산고등법원 (창원) 2014.01.10 2013노358
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The first instance court rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request for attachment order was filed, and the part of the case for which the request for attachment order was filed was appealed only by the defendant, and as such, there is no benefit to appeal, and therefore, this part is excluded from the scope of this court’s trial notwithstanding Article 9(8) of the Act

2. The punishment sentenced by the first instance court to the summary of the grounds for appeal (the maximum term of imprisonment shall be three years, the short term of two years, etc.) shall be too unreasonable;

3. The judgment of the defendant shows the attitude that all of the crimes of this case are divided, and the defendant did not engage in or attempted to engage in direct sexual intercourse with the victim I, his parents did not receive any bad attention and care from his parents after his divorce, and it appears to be one of the causes of the crime of this case in the course of flight. The defendant can be deemed to have committed the crime of this case in the current age of 17 as a juvenile who is still under the age of 17, and there is a possibility of future improvement, and deposit considerable amount for the victim I, special larceny crime was committed, and agreed with the victim.

However, the defendant, in collusion with the accomplices two times, led the victim I who was under fourteen years of age at the time to the place of the crime in this case, and led the accomplices to engage in sexual intercourse in order by force. The nature of the crime is extremely poor, the above victim appears to have suffered considerable mental impulse and pain, which may have a negative impact on normal growth in the future, and the victim's side is humbly punished because he did not receive any letter from the above victim.

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