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(영문) 서울고등법원 2019.03.14 2018노2668

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (limited to three years of imprisonment, 100 hours of order to complete a sexual assault treatment program, and 80 hours of order to complete a child abuse treatment program) declared by the lower court is too unreasonable.

2. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the decision of the lower court was rendered.

Furthermore, even if comprehensively considering the sentencing factors as indicated in the reasons for sentencing in the judgment below and the Defendant’s age, character and conduct, environment, motive and means of crime, as well as various conditions of sentencing as indicated in the instant argument and records, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is excessively heavy beyond the scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

[However, Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017); Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017); Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017); Article 71 (2) and Article 17 subparagraph 5 of the Child Welfare Act (amended by Act No. 14925, Oct. 25, 2017) of the Rules on Criminal Procedure (amended by Act No. 14925, Oct. 25, 201)