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(영문) 서울고등법원 2017.11.07 2017노2429

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The defendant's appeal is dismissed.

Reasons

With respect to the part of the case of the defendant, the court below rendered a judgment dismissing the prosecutor's claim regarding the case of conviction, the case of the attachment order claim and the case of the protective observation order claim, and there is no benefit of appeal regarding the part of the case of the attachment order claim and the case of the protective observation order claim.

Therefore, notwithstanding Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, this part is excluded from the scope of the adjudication of this Court.

The decision of the court below on the grounds of appeal (one year of imprisonment, etc.) is too unreasonable.

Judgment

The fact that there is no criminal record against the defendant, that the defendant recognizes all the crimes of this case and reflects his mistake, that the above victim does not want the punishment of the defendant by mutual consent with the victim F, and that the victim I expressed his will to the defendant that the defendant would take the front of the defendant if the defendant is given sufficient warning through the trial procedure.

On the other hand, the crime of this case is committed by the defendant who gets on a bicycle for more than six occasions, and runs away from the chest or her tam of the victims of juveniles and adults. In light of the method and frequency of the crime, the criminal liability is heavy, and the victims seem to have suffered mental shock and pain together with a considerable sexual humiliation. Nevertheless, the fact that the defendant did not receive a letter from one victim of the victim D, M,O, and fire, is disadvantageous to the defendant.

The above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and results of the crime, and the circumstances after the crime were committed, and recommendations based on the sentencing guidelines set by the Supreme Court's sentencing committee.