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(영문) 대구고등법원 2015.10.08 2015노340

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (two years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The part of the Defendant’s case (e.g., e., g., e., e., e., g., e., e., e., e., g., e., e.,

2. Determination

A. As to the assertion of unfair sentencing by the defendant and prosecutor, there is no history of criminal punishment prior to the crime of this case, and the degree of tangible force exercised during the crime of this case is not much serious, and the defendant shows an attitude against the defendant's mistake, such as expressing himself/herself the crime after the arrest. Based on this, it is favorable to the defendant that he/she received the letter by mutual consent with some victims.

However, the crime of this case was committed by indecent act by force by force, such as: (a) female juveniles or adults, who are going to the way repeatedly by the Defendant several times; (b) following a female juvenile or adult female, and her chest, her chest, or her butt will fry, her or her butt her, and showing a cellular phone fluor, and thus, (c) the nature of the crime is inferior in light of the applicable law and content of the crime; and (d) the number of times

In particular, the Defendant committed a planned crime by using his own car and driving his own car, and committed a indecent act by force on the same victim.

The victims seem to have caused a very great shock and sexual humiliation by being sexually indecent by the Defendant, who does not have any awareness of being sexually committed.

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 crime, and the circumstances after the crime, the lower court shall take into account.