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(영문) 대전고등법원 2016.07.22 2016노172
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Improper sentencing of Defendant: The sentence of the lower court (long-term three years of imprisonment, short-term two years and six months) is too unreasonable.

B. The prosecutor’s improper sentencing: the lower court’s sentence is too uneased and unreasonable.

Judgment

The lower court’s unfavorable circumstances against the Defendant (the instant crime was committed by forcing the victim of the age of 14 who is vulnerable to the crime to have a sexual intercourse, and threatening the victim to answer the fact of the sexual intercourse, thereby having more forced sexual intercourse three times, and the nature of the crime is very poor in light of the circumstances leading to the crime and details of the crime.

The victims, who had been sexually developed, appeared to have been suffering from considerable mental impulse and sexual humiliation due to the instant crime, and the parents of the victims, upon receiving a large amount of mental impulse, were also directors to other areas away from the previous residence with the victims.

Until now, the above damage has not been recovered, and the defendant has not been punished by the victim and his parents (the defendant is both aware of the crime committed by an investigative agency and is in violation of depth, and the sexual concept and values have not yet been established at the time of committing the crime, and is now 16 years old. The defendant became aware that he was adopted at the time of his first-year school life in a relatively faithful manner during the first-year school, and it seems that he started committing the crime with mental shock after he became aware that he was adopted at the time of his first-year school life, and even though he was subject to juvenile protective disposition several times thereafter, he has no record of criminal punishment until now.

The Defendant, according to distorted concept, led to the instant crime, but considering the age, degree of reflection, etc. of the Defendant, if the Defendant establishes the right concept of sexual assault through the completion of the prison life and sexual assault treatment program, it seems that it will not reach the recidivism.

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