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(영문) 대구고등법원 2015.08.27 2015노42

청소년의성보호에관한법률위반(청소년강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant through an indecent act against the victim by drinking the victim’s chest at a soup room, etc., and the nature of the crime is not less than that of the crime in light of the method and content of the crime. The victim appears to have caused considerable shock and humiliation due to the crime.

On the other hand, the defendant has no record of being punished for sex crimes, and seriously reflects his or her wrongness.

The instant crime should be considered in relation to each of the offenses against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the concurrent offenses under the latter part of Article 39 of the Criminal Act.

The defendant is currently serving a sentence in accordance with the above final judgment, and the defendant is trying to learn the technology of electricity and automobile maintenance through vocational training conducted in prisons, etc., and shows a strong will to repeat it as a sound social person.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

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