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(영문) 광주고등법원 2016.09.22 2016노230

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court (one year and six months of imprisonment, 40 hours of order to complete a program, and 3 years of order to disclose or notify each) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of both parties' unfair judgment on the grounds that the defendant recognized not only each of the crimes of this case but also other crimes that have not been prosecuted, submission of a statement of objections to his past mistake in depth, the defendant's primary crime without any criminal punishment prior to the instant case, the degree of exercise of force against the victims, and the victim's body and external compact, and the defendant's parents appear to be a contingent crime, and the defendant's parents expressed their intent to be treated as the defendant's above-mentioned compact display, etc., and there are obstacles to the defendant's right home, and there are no obstacles to the defendant's right home.

On the other hand, the crime of this case is committed against an unspecified number of victims in light of the circumstances and methods of the crime, such as the indecent act committed by the defendant against the female who has been married four times more than the victim, and the crime of this case is committed against the unspecified number of victims, etc. It seems that the victims would have received a considerable mental pain and a sense of sexual shame together with the victims, and the defendant still has not received any use from the victims, etc.

In full view of all the sentencing conditions in the instant case’s records and arguments, including the Defendant’s age, family relation, relationship of criminal records, sexual conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or too harsh, and thus, is unreasonable.