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(영문) 서울고등법원 2018.05.31 2018노823
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of five years, the completion of the sexual assault treatment program 40 hours, and the completion of the sexual trafficking prevention program 40 hours) is too large and thus the amount of the punishment is unreasonable;

2. In the appellate court’s judgment, the Defendant submitted a statement of reflection that his mistake reflects his depth in the truth, and the Defendant’s mother submitted a written application for a correction of the Defendant’s wife.

In addition, the parents of the defendant are waiting for the acceptance of the victim's deposit by providing money after deducting the deposit money for the restoration of the victim's damage.

However, in the process, the defendant gives money to the juveniles and has sexual intercourses with the juveniles, taken the victim's sexual intercourses, and transmitted the images so taken to one of the victims and transmitted them to the victim for several times, and the nature of the crime is extremely bad.

Among these crimes, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (componment) is a statutory penalty of not less than five years.

The court below sentenced the defendant to five years of imprisonment in consideration of the victim's intent to punish the defendant, although the defendant was first and against him.

The victim still has no intention to accept the defendant even at the appellate stage, and expressed his/her intention to refuse to provide the victim's personal information for deposit for the restoration of mental damage, etc.

In addition, considering all the sentencing factors revealed in the public trial, the sentence of the court below is too heavy to the extent that it exceeds the reasonable scope of discretion of the court.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit, and it is so dismissed as per Disposition.

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