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(영문) 서울고등법원 2015.03.19 2014노3747
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (three years of imprisonment) is too unhued and unfair.

Judgment

It appears that the defendant induced a female juvenile released from the defendant to be rape, and that he/she again received a summary order of a fine of three million won on September 6, 2012 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) but sent a cellular phone to many female juveniles who became aware of through the Internet, or sent obscene message several times of sexual humiliation or aversion. In addition, the defendant recognized the suspect who was homicide under designated and falsely reported the suspect, and thereby interfere with the police's legitimate performance of duties and commits money theft or embezzlement. The victims of ageed at the time of forming sexual identity and values seem to have received a consistent mental impulse due to the crime of this case, but the defendant was unable to have sexual intercourse at an investigative agency with the female juvenile at first 70,000,000 won and changed the victim's sexual intercourse on the same day from 170,000 won to 20,0000 won.

However, when the defendant was in a trial, there is a violation of the Act on the Protection of Children and Juveniles against the other crimes except for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, and the theft or embezzlement among each of the crimes in this case is committed.

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