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(영문) 서울고등법원 2020.04.07 2019노2840

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. Determination: ① In order to obtain distorted sexual satisfaction, the Defendant committed the instant crime by deceiving the victims by taking advantage of the lack of interest by the victim, etc. ② the victims who responded to the instant crime without the Defendant’s awareness at the time were at the latest, and the victims who responded to the instant crime was at the latest faced with mental impulses to the degree of the seriousness and seriousness thereof; ③ the record of evidence 27 pages; and ③ the Defendant committed the instant crime at the public use facility, which is disadvantageous to the Defendant.

Even when considering the above unfavorable circumstances, the lower court seems to be somewhat heavy.

① Unlike the attitude shown in the court below, unlike the attitude of the defendant in the court below, it seems that the defendant is able to prevent the recidivism of the defendant even through family care and care, considering the fact that the defendant's whole criminal act is recognized in the court of the trial, and that there was no agreement but to the extent that the defendant tried to reach an agreement with the victims on the premise of sufficient compensation, ③ the possibility of criticism is large, but it is difficult to conclude that the act of indecent act itself constitutes a very serious part, ④ the defendant's edification through punishment as well as his/her mental therapy is necessary, ⑤ the relation between family and his/her parents, and the degree of difficulty of the defendant's parents against the defendant, etc.

In addition to the above circumstances, the court of pleadings in this case, such as the defendant's age, career, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime.