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(영문) 부산고등법원 (창원) 2021.01.20 2020노212

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The guilty portion of the case against the defendant of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The lower court’s judgment on conviction regarding the remaining part of the case except the part of the Defendant’s assault, and the part of the assault, the public prosecutor’s request for attachment order was pronounced, and only the Defendant appealed. As such, there is no benefit of appeal regarding the part of the case among the Defendant’s assault and the part of the case’s request for attachment order.

Therefore, the part of the Defendant’s assault in the instant case is excluded from the scope of the trial of this Court, and the provision of Article 9(8) of the Act on the Attachment, etc. of Electronic Devices, which is a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, 201Do201, Aug. 25, 201). Thus, the scope of the trial of this Court is excluded from the scope of the trial of this Court. As such, the scope of the trial of this Court is limited to the part of the Defendant’s conviction in the lower court.

2. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution, etc.) on the defendant is too unreasonable.

3. Each of the crimes of this case committed each of the crimes of this case, which is highly likely to be criticized in that the defendant had committed each of the crimes of this case in the manner that the victims suffered considerable sexual humiliation, mental and physical suffering, and that the victims were not able to receive any sexual humiliation, mental and physical suffering from the crimes of this case since they committed each of the crimes of this case, in light of the circumstances and contents of each crime, etc., the criminal liability was more serious, and the defendant committed each of the crimes of this case committed each of the crimes of this case in the way adjacent to the victim's residence, the way leading up to the victim's dwelling, the front of a residential elevator, and the stairs of multi-family housing, etc.