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(영문) 서울고등법원 2016.05.26 2015노3675

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant, taking into account the following: (a) the Defendant committed an indecent act by force against the victim, who is a juvenile, and the nature of the offense is not good; and (b) the Defendant did not agree with the victim up to the trial.

However, considering the fact that the defendant has already divided his mistake in depth, the defendant did not have any particular criminal record in addition to a fine, the defendant deposited some money for the victim, the defendant was sentenced to a suspended sentence of imprisonment with prison labor and the order to attend the course together with a suspended sentence, the extent of the indecent act in this case, the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument in this case, such as the circumstances after the crime, etc., it is not unreasonable for the court below's punishment to be too unfeasible and unfair. Thus, the prosecutor's above assertion

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