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(영문) 서울고등법원 2013.12.12 2013노3179
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(b) the defendant;

Reasons

1. The court below's scope of trial was convicted of the part of the defendant's case, and the part of the attachment order case was ordered to dismiss the prosecutor's request with respect to it. Since only the defendant appealeds the part of the attachment order case, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders since there is no benefit to appeal as to the part of the attachment order case, this part is excluded from the scope of trial of this court (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983). 2. The summary of the grounds for appeal

A. Although a mistake of facts has led to a misunderstanding of facts that the victim's chests and fluences, the court below found the defendant guilty of the facts charged in this case even though it did not assault or assault the victim. The court below erred by misunderstanding of facts.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of misunderstanding of facts, the Defendant also asserted the same purport as the argument of misunderstanding of facts, and the lower court rejected the above argument in detail in the “determination of the Defendant and the defense counsel’s assertion” column. In light of the evidence duly admitted and investigated by the lower court, the lower court’s judgment is justified, and thus, the Defendant’s assertion of misunderstanding

B. In light of the subject and contents of the instant crime, the nature of the crime is not somewhat weak in regard to the assertion on unreasonable sentencing.

However, considering the fact that the defendant has no past record of sex offense or more fines, etc. in favor of the defendant, the court below's punishment is too excessive, taking into account the defendant's age, character, conduct and environment, background leading to this case, degree of indecent act, and various circumstances that form the conditions of sentencing, such as sentencing guidelines for the enactment of the Supreme Court's Sentencing Committee.

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