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(영문) 서울고등법원 2016.10.21 2016노1763

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.

Judgment

The lower court sentenced the Defendant to four years of imprisonment, comprehensively taking into account various factors of sentencing, such as favorable or unfavorable circumstances, etc.

The father of the victim H, one of the victims, expressed his intention not to be punished any longer under the agreement with the defendant, but withdraws the above agreement on the ground that the contents of the initial agreement with the defendant have not been fulfilled properly. In full view of the various sentencing conditions revealed in the proceedings of the present case, there is no circumstance that the judgment of the court below exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the judgment of the court below.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive of crime, means and consequence of crime, etc., all of the sentencing conditions as shown in the instant pleadings, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (two years to ten months of imprisonment), etc., it is difficult to deem that the sentence of the lower court is unreasonable as it is unreasonable.

The defendant's ground of appeal is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.