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(영문) 서울고등법원 2016.11.15 2016노2200

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The fact that there is no criminal record exceeding the same criminal record or fine for the defendant, and that the defendant has committed a crime late after the trial, and that he is against the defendant, is favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant who was the head of the elementary and middle school of a church, committed an indecent act by force against the youth who was the believers of the church or at the place of the church event, and the responsibility for the crime is very significant. The crime of this case appears to have caused the victims to feel a considerable sexual humiliation and mental suffering first due to the crime of this case, and further, the defendant denied the crime up to the court below, and caused the victims to suffer secondary damage within the church by consistently proving that he was the sacrifice of conflict in the church, which is irrelevant to the nature of the case, and consistent with the defense unrelated to the nature of the case, such as his assertion that he was the sacrifice of conflict in the church, thereby causing the victims to suffer secondary damage. Nevertheless, the defendant did not receive a written

In addition, the following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, conditions of sentencing as shown in the argument of the present case, and the following guidelines for the enactment of the Supreme Court Sentencing [the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse] / [the scope of the recommended punishment] general standard of the crime of indecent act by force (the object of 13 years or older), the basic area (the indecent act by force, such as indecent act by force, upon relatives relation / special indecent act by force) is included in the category 2, and the upper limit and lower limit of the sentence shall be mitigated to 2/3.