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(영문) 서울고등법원 2018.12.13 2018노2449

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (the amount of KRW 10 million, the amount of KRW 100,000 per day from the detention in the workhouse, the completion of the sexual assault treatment program 40 hours per day, and the employment restriction for the period of three years) is too unreasonable and the determination of the sentence is unfair.

2. The judgment of the court below denies the crime and only recognized by the appellate court.

However, at night, the defendant commits an indecent act against female juveniles in unhulled manner in his/her hands at night is a bad crime.

When the defendant denies the crime in the court below, the victim has to make a statement again by leaving the experience of sexual assault damage in the court.

Accordingly, the original court's conviction of the charge is justified.

The victim is still in the process of the statement, but there is no appropriate measure of the defendant for the recovery of the mental pain, and the victim is in the process of the statement.

No victim shall be used.

In addition, new data on sentencing favorable to the defendant have not been submitted in the appellate court.

Taking into account these circumstances, the recognition and reflection of the above crime by the defendant has changed considerably to the sentencing of the appellate court by comparison with that of the court below.

shall not be deemed to exist.

In addition, considering all the sentencing factors revealed in the appellate court including the confession and reflection of the defendant in the appellate court, the sentence of the court below is still excessive within the reasonable discretion range of the court.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit, and it is so dismissed as per Disposition.