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(영문) 서울고등법원 2017.07.20 2017노1178

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The crime of this case committed by the Defendant following the victim E and F, a child juvenile, committed an indecent act by force against the victim E and F, and committed each other by intrusion upon the victim E and F’s residence; the crime of this case was not good; the crime of this case was committed by the victim J, H and I; the victims with considerable mental suffering and suffering; and the Defendant did not agree with the victim E and the victim of intrusion upon residence up to the trial of the party; and the strict punishment against the Defendant is necessary in consideration of the fact that the Defendant did not agree with the victim E and the victim of intrusion upon residence.

However, considering the fact that the defendant's mistake is divided by the defendant, that the defendant is the first offender, that the victim F and J do not want the punishment of the defendant under the agreement with the victim F and the victim J, and that the victim F and the defendant do not want the punishment of the defendant, in other circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is judged appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 7(3) of the Criminal Procedure Act: Provided, That the "Article 7(3)" of the 20th of the judgment of the court below is each clerical error in Article 7(3) of the Criminal Procedure Act and Article 298 of the Criminal Act, and the "Article 319" of the 21st of the 21st of the 21st of the 21st of the 20th of the 20th of the 20th of the 20th of the 3rd of the judgment of the court below