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(영문) 대구고등법원 2019.01.24 2018노459
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of three years or 40 hours) imposed by the court below on the defendant is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant had sexual intercourse with the victim, etc., who had sexual intercourse with the victim, who had been sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually, and

On the other hand, although the defendant argued about the crime of this case in the court below, it appears that the defendant's mistake was against the defendant's mistake while recognizing the crime of this case at the time of the trial, and it appears that the defendant committed the crime of this case somewhat dynamic and friendlyly. The defendant was not older than 18 years old at the time of the crime of this case, there was no criminal power, in particular, the defendant was given a letter by mutual consent between the victim and the victim, and the victim was able to receive a letter from the victim, the defendant's mother was able to take the defendant's preference, the defendant's mother wanted to take the defendant's wife, and the social ties relation of the defendant seems to be clear.

As above, considering the defendant's age, character, conduct and environment, family relationship, health status, motive, background, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments in this case, which are disadvantageous or favorable to the defendant, it is deemed that the court below's sentence of imprisonment with prison labor for three years is too unreasonable.

Therefore, it is true.

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