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(영문) 대전고등법원 2014.01.22 2013노436

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The crime of this case as to the part of the defendant's case is not likely to be committed in light of the progress of the crime by taking advantage of the relationship with the mother of the victim's mother and pressure of the victim, thereby committing the crime. The crime of this case is not likely to be committed in light of the progress of the crime.

In addition, considering the mental suffering of the victim and his/her family members due to the defendant's crime, the prosecutor's argument that strict punishment is needed is reasonable.

However, the sentencing of the court below, which was sentenced within the scope of the sentencing guidelines in full view of the fact that the defendant recognized all of the crimes of this case and divided his mistake in depth, that the defendant is the first offender and seems to have faithfully engaged in workplace and social life until reaching the crime of this case, that a considerable amount of money has been deposited for the victim in the trial, and that all other conditions of sentencing against the defendant are unreasonable because the sentencing of the court below is too unab

It is not likely that it is too unreasonable or too unreasonable.

3. In the event a prosecutor files an appeal against a prosecuted case, the determination on the part of the request for attachment order is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, Etc. of Specific Criminal Offenders. However, the prosecutor’s grounds for appeal or petition of appeal does not indicate the grounds for appeal or the grounds for appeal pertaining thereto, and there are no grounds for reversal ex

4. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and thus, Article 364 (4) of the Criminal Procedure Act and specific criminal offenders are specified.