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(영문) 서울고등법원 2019.06.13 2019노444
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's punishment (two years and six months of imprisonment, and forty hours of completing sexual assault treatment programs, etc.) is too unreasonable.

Judgment

The Defendant threatened the victim to the effect that “to leak personal information” was known of the victim’s personal information, such as E E, and even though the victim attempted to stop the crime, the Defendant demanded the victim’s photograph and self-definite image.

The crime of this case is the subject of sexual desire distortedly distorted victims, compelling the photographing of obscene acts, and the nature of the crime is bad.

The victim seems to have suffered a great mental pain and sexual humiliation due to the crime of this case.

On the other hand, the defendant committed the crime of this case in a somewhat contingent and consistent manner while pursuing the other party to obscenity under the agreement.

It does not seem that the Defendant planned to commit the instant crime closely in advance.

The degree of intimidation in the crime of this case is relatively minor.

The possibility of realizing the harm and injury that the defendant notified is not so high.

The attitude of the act of similarity in this case conducted in the obscenity hosting process on the Internet is relatively low compared to the general similarity act.

The Defendant confessions the instant crime and is in depth divided.

The Defendant paid a reasonable amount of damage compensation to the victim and agreed to do so.

The legal representative of the victim expressed his intention not to punish the victim.

The defendant is an initial offender who has no criminal record for the same kind of crime.

In order to prevent recidivism, the mother, she or her mother, female friendlys living together, etc. want to do their best to prevent recidivism.

These circumstances reflect the defendant's wrongness within society and give him the opportunity to live in good faith as a member of society.

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