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(영문) 대전고등법원 2015.04.03 2014노582

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The following circumstances, namely, the Defendant’s statement that the Defendant led to confession and reflect on the instant criminal facts, the Defendant did not have the same criminal records, and the Defendant was sentenced to a fine of KRW 700,000 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 2009, and there are circumstances that need to be taken into account in sentencing, such as: (a) there is no other criminal records; and (b) the relationship between the Defendant’s parents, who suffered from both diseases, appears to be necessary for the Defendant’s assistance in daily life.

However, the crime of this case committed by the defendant is very serious because it committed an indecent act against the victim by force, such as inducing the victim under 13 years of age with intellectual disability 2 to be inside the house of the defendant, and spreading the victim's sound and salivia, etc.

Considering the fact that the defendant's crime is likely to have suffered a crowd mental pain, and that such pain seems to be difficult to recover easily, and that there is no agreement between the defendant and the victim and that there is no sufficient measure to recover from damage, the above favorable circumstances should be considered.

Even if the defendant's sentence imposed by the court below is proper and too unreasonable as the defendant's argument is not justified, the defendant's argument is groundless.

I would like to say.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.