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(영문) 부산고등법원 2014.01.23 2013노621
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, three hours of community service order, 120 hours of sexual assault treatment order, 40 hours of attendance order) is too uneasible and unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances unfavorable to the Defendant, such as: (a) the instant crime committed against many and unspecified persons, which led to the three victims; and (b) one of them is a minor under the age of 15; (c) the nature of the crime was bad; and (d) the victims did not agree with the victims.

However, in full view of the following facts: (a) the Defendant has no criminal history; (b) the extent of an indecent act is relatively excessive; and (c) the Defendant’s age, character and conduct, environment, and family relationship and other various conditions of sentencing indicated in the instant pleadings, the sentence imposed by the lower court against the Defendant is deemed unreasonable because it is too low.

(It seems reasonable for the original trial to exempt the Defendant from the disclosure and notification order on the grounds stated in its holding. Therefore, the prosecutor’s assertion of unreasonable sentencing 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 ground that it is without merit.

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