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(영문) 서울고등법원 2014.12.05 2014노2713

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) by the court below is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant repeatedly committed indecent act by force against the victim who experienced practical training at his/her own school.

On the other hand, the defendant submitted a written application to the effect that the type of force of the defendant's exercise or the degree of indecent act against the victim is not severe, that the defendant is the first offender who has no previous criminal record, and that "if the defendant has against the defendant, he does not want to be sentenced to punishment" after the closing of argument in the court below. The defendant received the result of the judgment of the court below and recognized it as a substitute for the crime is favorable to the defendant.

In addition, various conditions of sentencing, such as the age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year to three years);

1. Scope of recommended sentences according to the sentencing criteria;

(a) Each crime of the holding [the determination of a type] a sex crime, general standard, the crime of indecent act by compulsion (subject to the age of 13 or more), the crime of indecent act by compulsion by juveniles (special person): Where the exercise of tangible force is considerably weak, and where the degree of indecent act is weak [the scope of recommending punishment] special mitigation area: six months to two years [the maximum and minimum limits of imprisonment (the maximum and minimum limits of imprisonment between September and three years) are reduced to 2/3] of imprisonment;

(b) Application of the standards for handling multiple crimes: Six months to three years [a] [a] six months of imprisonment, plus one-third of the upper limit of the sentence scope of the second crime in the holding that the upper limit of the sentence scope of the third crime in accordance with the standards for handling at least three multiple crimes is one-half of the upper limit of the sentence scope and two concurrent crimes in the holding that the upper limit of the sentence scope of the second crime is a single concurrent crimes in accordance with the standards for processing at least three concurrent crimes]; and

2. Sentence of punishment by law: Imprisonment with prison labor for a period of one year to two years;

3. Legal penalty shall be taken into consideration;