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(영문) 서울고등법원 2015.09.18 2015노1149
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime and is in depth divided, that the defendant has reached the age of 19 years of age at the time of the crime of this case, that the defendant has no criminal record of suspended execution or more, and that the extent of the indecent act of this case does not seem relatively significant.

The crime of this case was committed by indecent act by compulsion of a juvenile victim, and the contents and nature of the crime was poor, and the defendant committed the crime of this case without being aware of it, despite the record of receiving juvenile protective disposition as a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) before the crime of this case, and the crime of this case seems to have caused considerable sexual humiliation, and the damage was not recovered, etc. are disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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