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(영문) 서울고등법원 (춘천) 2020.01.22 2019노200

아동ㆍ청소년의성보호에관한법률위반(준강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, three years of suspended execution) is too unreasonable.

B. According to the fact that there is no criminal record of the same kind of crime as the first offender, the defendant is led to confession, reflects against his/her family, and the relationship with his/her family is clear, it can be said that there is no risk of recidivism against the defendant, the defendant's order to complete a program and to register personal information can sufficiently achieve the effect of preventing recidivism. Furthermore, considering the disadvantage and anticipated side effects of the defendant in the future, the disclosure and notification order (three years) and the employment restriction order (three years) issued by the court below against the defendant is excessively unreasonable.

2. Determination

A. The Defendant’s confession and reflects on the assertion of unfair sentencing, the Defendant’s absence of criminal power, and the Defendant’s agreement with the victim are favorable circumstances to the Defendant.

However, in light of the following circumstances: (a) the Defendant had been able to take care of the same as the victim himself/herself; (b) the Defendant committed a indecent act by compulsion on two occasions, which led to bad character of the crime; and (c) the victim whose sexual values have not yet been established yet caused considerable sexual humiliation; and (d) the Defendant’s behavior, which he/she had been doing so, could have suffered shock and mental suffering; and (c) the lower court’s punishment against the Defendant is within the scope of the recommended sentencing guidelines (one year to three years and four months), and there was no other special change of circumstances to the extent of punishment after the lower court to this court; and (d) all the sentencing factors in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.