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(영문) 서울고등법원 2018.06.22 2018노906

성폭력범죄의처벌등에관한특례법위반(특수강제추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the crime of No. 1 through No. 3 in the decision: Imprisonment with prison labor for one year, and the crime of No. 4 and No. 5 in the decision: Imprisonment with prison labor for six months and completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. It is recognized that there is no record that the defendant was punished for a sex offense, that the victim E does not want to be punished from the investigation stage, that the victim F wishes to punish the defendant, but the victim F does not have the intent of punishment in light of the attitude of statement or the content of correspondence exchanged with the defendant, etc. as a juvenile at the time of committing the crime, the defendant recognized the defendant's mistake as a juvenile at the court below as a substitute, recognized all the facts constituting the crime at the court below, and is against depth, and the joint indecent act, joint compulsory enforcement, joint indecent act, joint assault and assault among the crimes of this case should be considered at the same time as the special larceny of which the judgment became final and conclusive.

However, this case committed an indecent act against the victims who were under confinement for other crimes, assaulted the victim F, and committed larceny after being released from prison, and the defendant committed a larceny crime. Although the defendant had the time of reflectiveness while living in prison, he rather committed a crime such as joint indecent act, etc. against the victims who were under age than the defendant and do not easily resist, and thus, it seems that the victims suffered severe sexual humiliation and a sense of sexual humiliation by committing a joint indecent act, etc., and therefore, the victims might have suffered much pain while living in prison with the defendant. Although there are many records of receiving juvenile protective disposition due to theft, the defendants committed a larceny crime using a method similar to that of probation during the period of probation, and the punishment is imposed, such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime, etc.