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(영문) 광주고등법원 2014.04.10 2014노1

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (a year and six months of imprisonment, a suspended execution of three years, community service, 80 hours of sexual assault treatment, 40 hours of sexual assault treatment, disclosure and notification of personal information for three years) is too unreasonable.

Judgment

The scope of the recommended sentence on the sentencing guidelines: A sex offense, general standard, the crime of indecent act by compulsion (subject to the age of 13 or more), the crime of the indecent act by compulsion (subject to special mitigation) and the crime of the second [the scope of the recommended area and the recommended punishment] mitigated area, one year or two years (the maximum and minimum range of the punishment shall be mitigated to 2/3 because it is a indecent act by compulsion by juveniles) [the range of recommended punishment according to the guidelines for multiple offenses] sentenced from 1 year to 3 years, and from 1 year to 8 months, the victim and the parents of the victim want to punish the defendant against the defendant, the degree of indecent act is relatively minor, the defendant is not guilty, and there is no criminal power like the defendant.

However, according to the fact that the crime of this case was committed three times by the defendant's indecent act by force, and the text message sent by the victim to the plaintiff, etc., the victim seems to have suffered a considerable mental shock, the crime of this case is not less light of the nature of the crime.

In addition, considering the following circumstances, the Defendant’s age, character and conduct, family relationship, environment, circumstances, and result of the crime, etc., the lower court’s punishment cannot be deemed unreasonable.

However, in full view of the Defendant’s age, characteristics, criminal process, results, etc., the Defendant has no record of punishment for sexual crimes, etc. except for the instant crime, and the risk of recidivism of sexual crimes appears to be reduced to a considerable extent through taking lectures in the sexual assault treatment lecture, and other factors, it is highly necessary to separately impose security measures, such as disclosure and notification order, on the Defendant.