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(영문) 서울고등법원 2014.02.07 2013노3407
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years of suspended sentence for one year and six months) of the lower court’s sentence against the Defendant is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant entered the house of a female who had a relationship with the new wall, and led the victim of 17 years of age, who was her father, to indecent act by force, and the nature of the crime is very poor, and the victim appears to have received a huge sexual humiliation and mental shock due to the instant case.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake in depth, that the defendant was found to have committed a contingent crime while under the influence of alcohol, and that the type of the defendant's use or the degree of an indecent act is not significantly serious, that the victim and his mother do not want punishment against the defendant, that the relationship between the mother and the victim and the defendant is obviously maintained even after the crime is committed, that there is no criminal power against the defendant, and that the risk of recidivism is low as a result of the investigation into the claim against the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., and the sentencing guidelines of the sentencing guidelines of the Supreme Court of Korea for the crime of indecent act by force (the subject of 13 years of age or older) shall be set by the sentencing guidelines of the sentencing committee (the sentencing guidelines of the Supreme Court) [the maximum and minimum limits of the sentence shall be set by 2/3] [the subject of 2/3 years of age or older as the indecent act by force by juveniles] [the subject of 2/3 years of age or older as the subject of 13 years of age or older]. The subject of punishment shall not be set by the court [the subject of general punishment]. The subject of mitigation of personal trust relationship: The subject of punishment shall be set by taking into account the following factors: serious reflect reflectness, no history of criminal punishment [the scope of recommendation]; the subject of punishment shall be set by the court; there are no criminal records or more; any contingent crimes; and serious reflect reflectivity.

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