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(영문) 부산고등법원 2015.06.18 2015노118

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence (a fine of KRW 7 million, an order to complete a sexual assault treatment program of KRW 80,000) imposed by the court below on the defendant is too uneasible and unfair.

2. The crime of this case is determined by the following facts: (a) the Defendant, who is a female juvenile under 15 years of age, was sentenced to the suspension of execution of official duties in the Busan District Court on July 24, 2012 at the time of the crime of this case; (b) the Defendant fright the chest of the victim; (c) the victim fright the chest of the victim; (d) the victim fright the chest of the victim when the victim demanded the apology to do so; (e) the victim fright the chest of the victim; (e) the victim fright the victim fright the victim fright the victim frights; and (e) the victim fright the victim frighted fright the victim’s chest when frightened fright the victim had been sentenced to the suspension of execution of official duties for eight months at the time of the crime of this case; and (e) the Defendant committed the crime of this case without familiarizing multiple criminal records, including imprisonment twice, three times a suspended execution, and seven times a fine, etc.

On the other hand, the following are the circumstances that the Defendant led to the instant crime, which led to the Defendant’s confession of the instant crime and reflects the depth of his mistake, appears to have led to the instant crime in a somewhat contingent manner with drinking, the exercise of force by the Defendant does not focus on the exercise of force, and the victim was committed at the scene of the instant crime, and it appears that the victim was not in a serious threat at the time, and that the Defendant did not have any criminal record of a sexual crime, etc. in favor of the Defendant.

As above, when the sentencing factors that are disadvantageous or favorable to the defendant and other factors of sentencing are selected in full view of the defendant's age, character and conduct, environment, family relationship, means and methods of committing a crime, motive and background of the crime, and circumstances after the crime, etc., the sentencing guidelines will be the sentencing criteria.