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(영문) 광주고등법원 (전주) 2019.01.08 2018노189
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a long-term three years of imprisonment, a short-term two years of imprisonment) is too unreasonable.

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

2. The Defendant: (a) requested the victim under 15 years of age to transmit a photograph of body body body body body part taken by him/her for two months; (b) threatened him/her as if he/she spreads the above photograph, thereby inducing him/her to photograph and transmit the photograph of body body photograph or self-defensive image; and (c) repeatedly threatened him/her with the spread of such photograph to the surrounding people, such as school and extra-party product, thereby committing rape and indecent act by compulsion against the victim.

The Defendant, against the victim's will, taken a video image of the mouth of the mouth of the sexual intercourse, sent the photograph to the victim with the closure photograph and continued the act of similarity with rape by using it.

The nature of the crime is very heavy in light of the following: (a) the process and method of the crime, and the act of similarity with rapes more than ten times, etc. are repeated; (b) the degree of indecent act by compulsion is serious; and (c) the form of the crime is not good.

The defendant's crime seems to have suffered a huge sexual humiliation and physical and mental suffering.

In addition, the Defendant committed the instant crime in light of the fact that, even before the instant case, the Defendant, who was subject to juvenile protective disposition on September 14, 2017, exceeded the clothes of female students who were 14 years old or older, and frightened by force by force, and committed the instant crime under similar veterinary laws, as it did not know about the fact that the Defendant committed the instant crime on September 14, 2017, when he was subject to juvenile protective disposition on September 14, 2017 and was under probation, and did not know about the period of probation.

In light of this point, it is inevitable to sentence a sentence to the defendant.

On the other hand, the defendant committed the crime of this case from the investigative agency.

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