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(영문) 서울고등법원 2014.05.15 2014노396
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is the punishment imposed on the defendant (two years of imprisonment for a maximum term, one year and six months for a short term, and 80 hours of sexual assault treatment programs) unfairly heavy.

2. The crime of this case committed by the Defendant, along with the victim, who is a female juvenile under the age of H and 16, drinks alcohol with the victim, and H, with the victim’s family in his house, left the victim’s mind, and sexual intercourse with the victim after having sexual intercourse with his house, and the nature of the crime is not less than that of the victim, and the victim appears to have suffered considerable mental shock, etc., are disadvantageous to the Defendant.

On the other hand, however, the agreement was submitted to the effect that the mother of the victim who appeared in the court of the first instance is the victim's own opinion, although the victim is a minor, he understood the meaning and damage of the crime of this case as a high school student under the age of 17, and understood the meaning and effect of the victim's expression of wish not to punish the defendant. The mother of the victim who was present in the court of the first instance understanding the meaning of the crime of this case as a high school student under the age of 17, but the defendant's trial date and the attitude of the defendant in the trial of the case, etc. The defendant expressed his intention not to be punished against the defendant in consideration of the defendant's attitude, etc., and the defendant's mother can be deemed to have expressed his intention not to be punished against the defendant in addition to the crime of this case under the influence of traffic and the disposition of this case.

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