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(영문) 부산고등법원 (창원) 2017.11.01 2017노241

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, 80 hours of order to complete the program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of each of the instant crimes is an unfavorable circumstance against the Defendant, such as: (a) the Defendant committed an indecent act by force on nine occasions by taking advantage of his/her position, i.e., the three victims who are juveniles in an occupational employment relationship; (b) the nature and method of the relevant crime is very poor; (c) the victims who should be able to honor and form a proper sexual value, due to each of the instant crimes, might have been suffering from a considerable mental impulse and sense of sexual humiliation; (d) the Defendant did not agree with the victims up to the trial; and (e) the Defendant committed a part of the instant crimes while being tried for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, as stated in the first head of the crime of the lower judgment.

On the other hand, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, and that the facts that each of the crimes of this case should be considered in relation to the concurrent crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against which judgment has become final and conclusive and the group's concurrent crimes after Article 37 of the Criminal Act should be considered at the same time,

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 ◈ 법률상 처단형의 범위: 징역 1년 ~ 22년 6월 ◈ 양형기준의 미적용: 판시 각 죄는 판결이 확정된 아동 ㆍ 청소년 의성보호에 관한 법률위반( 강제 추행) 죄와 형법 제 37조 후 단의 경합범 관계에 있으므로 양형기준이 적용되지 않는다. ,

In comparison with the first trial, there is no change in the conditions of sentencing, and the first deliberation sentencing is made.