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(영문) 서울고등법원 2019.03.19 2018노3254
간음약취등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

. against the Defendant.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, etc.) of the lower court is too unfilled and unfair, and the attachment order period (three years of imprisonment) is too short.

2. Determination

A. Although there are favorable circumstances for the defendant in the case of the defendant, such as the fact that the defendant partially commits a crime, the process of the defendant's influenite growth, and the fact that the defendant has no criminal punishment heavier than the suspension of execution, the sentence of the court below is too uneasible,

1) The crime of kidnapping sexual intercourse is very serious crime. ① This part of the crime is that “The Defendant attempted to attract the 13-year-old female children under the way to his house and to have sexual intercourse with them, or to capture the 12-year-old female children.” In the absence of the victim’s counter or a person’s assistance, it could lead to a serious crime. ② The Defendant thought that “the victim is unable to resist easily,” and that some of the children were involved in the crime, and thus, it is not good in terms of the motive and circumstances of the crime.”

The Defendant committed the instant crime against many and unspecified persons on the ground that “self-reliance was missing on the network,” and on the ground that women are better,” the Defendant committed the instant crime.

It is not good that the defendant committed the crime of this case in the street or subway station with many people without having fluence to the other people's starting line.

3 The defendant's possibility of re-offending should not be considered.

① The Defendant expressed the opinion that “I think that I will have a sexual intercourse when I take more females at the same time through a compensation hearing after release.”

② It seems that the defendant does not seem to repent his mistake and does not seem to have any particular perception about the seriousness of the case.

(3) Although it is not in a state of mental disability or mental health, the mental illness of the defendant is affected by the crime in this case.

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