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(영문) 광주고등법원 (전주) 2015.04.14 2015노27
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment below

We reverse the guilty part of the defendant's case.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. The court below's scope of inquiry against the accused case of this case sentenced dismissal of prosecution against intimidation among the facts charged of this case and sentenced guilty of the remaining facts charged. Since the prosecutor's appeal against the dismissal of prosecution of this case was not appealed, the court's scope of inquiry against the accused case of this case is limited to the guilty part

2. Summary of grounds for appeal;

A. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The Defendant’s judgment on the part of the Defendant’s case was made by threatening the victim’s face pictures and cell phone numbers known through the Internet to spread, by force several times, and by force, the victim’s photograph and cell phone numbers are taken using a cell phone in the process of such act by force, and the liability for such crime is not somewhat weak.

However, the first offense committed by the Defendant is against the Defendant’s depth, and it appears that the Defendant had reflective and self-esteem time through his prison life for six months, and the victim did not want to punish the Defendant, but is not punished by the victim’s parents from the original trial to the trial, and the victim’s children want not to be punished against the Defendant, and is against the Defendant’s wife, which is favorable to the Defendant.

In addition, considering various conditions of sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the scope of the recommended sentencing guidelines of the Supreme Court, the sentence imposed by the court below against the defendant is somewhat inappropriate.

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

4. An appeal filed by a judgment prosecutor regarding the part of the case for which the attachment order is requested.

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