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(영문) 부산고등법원 2016.09.29 2016노467

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and six months, and forty hours, to complete a sexual assault treatment program) is too unreasonable.

2. The lower court’s sentencing judgment that deemed the primary sentencing seal, including the instant crime’s indecent act, assault degree, agreement with the victim, the Defendant’s reflector and criminal history, etc., in full view of the factors and sentencing guidelines revealed in the lower court’s sentencing review process, exceeded the reasonable bounds of its discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

3. Accordingly, the Defendant’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).