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(영문) 서울고등법원 2019.01.08 2018노2682
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (such as imprisonment for a period of five years and 80 hours and orders to complete sexual assault treatment programs) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to put an employment restriction for five years at child and juvenile-related institutions, etc., even though it is difficult to deem that the risk of recidivism is high, considering the fact that the Defendant’s improper act of employment restriction is recognized as both of his/her crime and the Defendant does not have criminal records

2. Determination

A. As to the assertion of unfair sentencing, the fact that the Defendant recognized all of each of the instant crimes and divided his mistake in depth, and that the Defendant is the primary offender who had no criminal power prior to each of the instant crimes, and that his family is trying to actively assist the rehabilitation and edification of the Defendant is favorable to the Defendant.

However, the defendant, who became aware of the Internet B Kaf through the Internet, committed similar acts by force by moving the victim under 12 years of age into the toilet of the neighboring building in the subway station, and taken the victim's sexual flag with the cell phone, and again, sexual intercourse with the victim under 12 to 13 years of age by force in the toilet of the neighboring building in the subway station three times by borrowing the victim's pictures, and then, sexual intercourse with the victim under 17 years of age by communicating the victim with F Babs, thereby making the victim under doping, and committed each of the crimes of this case by force.

The Defendant repeatedly committed each sexual crime against the victim under the age of 12 in three times against the victim under the age of 12 who was unable to properly understand the meaning of sexual conduct, and each sexual crime against the victim under the age of 13, once again, at the age of 17. The details of each crime and the method of committing each crime;

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