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(영문) 서울고등법원 2016.05.31 2016노754

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) imposed by the court below on the defendant is too unhutiled and unfair.

Judgment

The crime of this case was committed repeatedly against many juveniles and women who were singing in singing room with the Defendant’s singing room manager, and the liability for the crime was considerably heavy, and the victims seem to have caused considerable mental impulse and sexual humiliation. Nevertheless, the Defendant did not receive a letter from the victims other than the victims E, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of punishment exceeding the past records of sex offense or fine, the fact that the defendant recognizes his mistake and reflects it, and that the above victim does not want the punishment of the defendant under an agreement with the victim E is favorable to the defendant.

In addition, the following circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the recommended sentencing guidelines set forth in the Supreme Court's sentencing guidelines set forth in the arguments of this case, including the defendant's age, sexual conduct, family relation, the various sentencing conditions set forth in the argument of this case, and the scope of punishment [the scope of recommended punishment] general standards for the crime of indecent act by force (the indecent act by force against juveniles) set forth in the two types of relatives (the indecent act by force, such as forced indecent act / intrusion by force, / special compulsory act by force) are included in the mitigated area of two types of relatives (one year to two years), but the upper limit and lower limit of the scope of punishment shall be mitigated to 2/3.

[Special mitigated) In the event that the exercise of force is considerably weak, the scope of final sentence due to the aggravation of multiple offenses: In full view of the standards for one year to three years and suspension of execution, it is not determined that the sentence imposed by the court below is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is without merit and therefore, Article 364 (4) of the Criminal Procedure Act.