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(영문) 서울고등법원 2016.08.18 2016노1600
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unfford and unfair.

2. Each of the instant offenses appears to have been committed by the Defendant, who committed an indecent act in a public performance by exposing his or her sexual organ against a minor victim or by using his or her shoulder or her lusium, and that he or she was sexual impulses.

Nevertheless, the defendant did not receive a letter from the victims.

However, under the influence of alcohol, the defendant seems to have committed the crime of this case in a somewhat contingent manner, and is against all the confessions.

The defendant is an initial offender who has no record of crime.

In relation to the crime of forced indecent conduct, the exercise of force and the degree of indecent conduct are not relatively heavy.

In addition, in full view of the Defendant’s age, sex, environment, and motive, means, and consequence of each of the instant crimes, all of the sentencing conditions as shown in the instant arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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