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(영문) 서울고등법원 2015.02.03 2014노3351

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing of the grounds for appeal;

2. The Defendant’s crime of this case committed by the Defendant against the victim, who was a child or juvenile with the object, committed an indecent act by force by forcing the victim to do so, as the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, etc.,

However, the degree of indecent act is relatively minor, the defendant seems to have committed each of the crimes of this case in a state of under the influence of alcohol, the mistake is divided, there is no record of criminal punishment in Korea, and there is no other record of criminal punishment in Korea, various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstances of the crime, and circumstances after the crime, and the recommended sentences in the sentencing guidelines established by the Supreme Court established by the Sentencing Committee. (1) The crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse falls under the mitigated area (where the exercise of tangible power is considerably weak: the crime is vulnerable to the crime: the victim who is vulnerable to the crime) of the second category of indecent act (where the degree of indecent act is considerably weak, the scope of punishment is limited to 2/3 of the upper and lower limit of punishment in the mitigated area of punishment in the second category of juvenile indecent act), and the scope of punishment is a general one of the crimes of indecent act against sexual abuse.