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(영문) 서울고등법원 2015.04.23 2014노3516
강요등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. Each of the crimes of this case, the judgment of the court below, made a proposal to the victims of female who are children and juveniles with a lot of interest in appearance, etc., and made them transmit obscene pictures by forcing them to claim compensation for damages caused by the termination of the contract, the spread of photographs, etc., and by forcing them to do so, and stored the pictures in the Defendant's cell phone, and in light of the method and object of the crime, the victims' age (the age of 12, 13, and 17 years old), the result of the crime, etc., it is very poor in its nature and crime, and it seems that there was a negative impact on the victims who are under age, on the formation of the victims' sexual identity as well as on the victims' sexual impulses. Thus, it is inevitable to render a sentence corresponding to the criminal liability against the defendant.

However, all of the crimes of this case are recognized by the Defendant, and the mistake is divided, there has been no history of criminal punishment so far, and the Defendant has been under the care of the outpatient who is the basic recipient of the divorce by his parents and has been living faithfully in difficult circumstances, and produced obscene materials for profit-making purposes.

There is no ground to deem that the victims have distributed photographs received from the victims, and there is a circumstance that can be considered in light of the circumstances such as the fact that all legal representatives of the victims have agreed to during the trial, and considering the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment sentenced by the court below is somewhat inappropriate.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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