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(영문) 대구고등법원 2016.03.31 2015노408

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The crime of this case is a case where the defendant was under 17 years of age and committed an indecent act by force by the victim's buckbucks, and the crime of this case is not under such circumstances.

Although the victim was shocked due to the defendant's crime, the defendant not only denied the crime, but also failed to receive the letter from the victim.

These points are disadvantageous to the defendant.

On the other hand, the defendant did not focus on the type and degree of conduct used in committing the crime of this case, and the defendant did not have the criminal history of being sentenced to a suspended sentence or heavier punishment, and he seems to have lived in good faith by supporting his family, including young children.

These points are favorable to the defendant.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is not determined that the sentence imposed by the lower court is too unjustifiable and unreasonable.

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.