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(영문) 서울고등법원 2015.08.18 2015노1202
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is committed by rape of a victim who is a child or juvenile who was known to the general public, and is very bad in the quality of the crime. The crime of this case appears to have suffered a large physical and mental pain due to the crime of this case, and the victim is seeking a strict punishment against the defendant, and is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant are that the defendant recognized the crime of this case as soon as possible, and the defendant committed the crime of this case, and the fact that the defendant was subject to juvenile protective disposition but has no record of criminal punishment, etc.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relations, the background of the instant crime, and the circumstances after the instant crime, etc., as well as the scope of the recommended sentence (five to eight years) based on the sentencing guidelines established by the Supreme Court’s Sentencing Committee (the scope of the recommended sentence) [the scope of 13 years of age or older] under the basic area (five to eight years of age) (five-eight years of age or older), the basic area (five-eight years of age or more) of the crime of rape (Rape, such as rape in relation to relatives), and the basic area (five-eight years of age or more) of the crime of rape (a special rape in relation to juvenile) (a special rape is included in the category 2), it cannot be deemed that the lower court’s sentence imposed against the Defendant beyond the lower limit

Therefore, the defendant's assertion of unfair sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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