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(영문) 서울고등법원 2014.10.02 2014노2086
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") is too uneasible.

2. Determination

A. In the part of the defendant's case, the defendant agreed with the victims of rape and that the victims want to take the defendant's prior action in the trial, is favorable to the defendant.

However, the crime of this case was committed with sexual intercourse after purchasing sex from the victims who did not reach the age of majority, demanding a re-sex relationship, and assault and assault the victims who refuse it, and the nature of the crime is very heavy.

In addition, it seems that the psychological shock of victims suffered from the crime of the defendant was considerably significant.

Furthermore, the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse in the Suwon District Court on May 20, 201, and the Defendant also purchased the sex of a juvenile who is 15 years of age. In addition, the Defendant committed the instant crime at the time when the period of probation expires, not only the Defendant who was sentenced, but also the Defendant committed the instant crime at the age, character, character, and environment of the Defendant, the background and progress of the instant crime, the circumstances before and after the instant crime, and the sentencing guidelines established by the sentencing guidelines established by the Supreme Court on the enactment of the sentencing guidelines, and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) against which no sentencing guidelines are set, and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) established by the sentencing guidelines.

The first crime [the scope of recommendations] general standards for the crime of rape (the crime at the age of 13).

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