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(영문) 부산고등법원 (창원) 2015.04.01 2015노12

아동ㆍ청소년의성보호에관한법률위반(준강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, etc.) on the gist of the grounds of appeal is too unhued and unreasonable.

2. As to each of the instant crimes recognized by the evidence, evidence, and legal principles, the Defendant: (a) opened a front door of a passenger car that is not corrected and stolen another’s property owned by him; (b) committed a crime of larceny against a minor female under the age of 13, who was the first early early police officer after the theft; (c) the nature of the crime is not somewhat weak; and (d) the Defendant had been punished once due to the force of larceny, such as night residence intrusion and larceny, and quasi-indecent act; and (d) in particular, on November 6, 2013, the Defendant was sentenced to four months of imprisonment with prison labor from the Jinwon District Court Jinwon Branch Branch Branch Branch on the ground of night structure intrusion larceny, etc. on August 22, 2014, and repeatedly committed the instant larceny and quasi-indecent act during the period of repeated crime, which is 100,000 won after the execution of the sentence was completed; and (c) the victim and the parent of the victim of the indecent act by compulsion, etc.

However, more favorable sentencing factors or objective and neutral sentencing factors are also acknowledged, such as the fact that the Defendant has led to a confession of all crimes and seriously against the Defendant, the number of damage amount of the larceny of this case is not significant, the damage was recovered, the degree of the quasi-indecent act by compulsion of this case is not much severe, and the Defendant has received treatment for about two years from June 2006 due to a divided-type disorder, but has not been treated for a period of approximately two years, and has not been judged as disability grade 2 due to a overlapped disability (class 3 and mental disability grade 3).

The statutory penalty for each of the above factors of sentencing and quasi-indecent act by compulsion (a imprisonment for at least two years, or a fine of at least ten million won but not exceeding thirty million won), the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one year to four years), the Defendant’s age, character and conduct, intelligence and environment, and the motive and background leading to the instant crime.