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(영문) 대전고등법원 2019.10.11 2019노260
미성년자의제강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. As to the part of the case of the Defendant, the lower court rendered a judgment of conviction on the part of the case of the Defendant, and rendered a judgment dismissing the prosecutor’s request regarding the part of the case of which the request for attachment order was filed (ex officio, the probation order was issued after the execution of the sentence was completed), and as to this, the Defendant appealed on the part

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal: The lower court’s imprisonment (six years of imprisonment) is too heavy.

3. The lower court determined that: (a) under the circumstances that the crime of this case was committed by the Defendant, under which the physical and mental impulses of the victims appear to be very high; (b) the physical and mental impulses of the victims are anticipated to have significant impact on the formation of victims’ sexual values; (c) the Defendant is recognized as committing the crime; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime were committed, etc.; and (d) considering the favorable circumstances that are favorable to the fact that there was no history of criminal punishment against the Defendant; and (e) taking into account the various factors indicated in the trial, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence against the Defendant was imposed for six years.

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, the sentencing of the court below is not determined to have exceeded the reasonable bounds of its discretion, and the judgment of the court below is without merit.

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