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(영문) 서울고등법원 (춘천) 2013.10.23 2013노152

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. In light of the fact that the Defendant did not make any effort to recover damage and the shockion of the victim by the instant crime, there is a need to punish the Defendant with severe punishment. However, on the other hand, considering all the sentencing conditions indicated in the instant records and arguments, including the fact that the Defendant was the primary offender, the Defendant’s mistake in the later late trial, and the degree of indecent act in the instant case is relatively minor, the lower court’s punishment cannot be deemed unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.